People v. Perretta

Two actions are brought by the People of the State of New York to recover two penalties for the alleged violation by the defendant of section 252 of article 21 of the Agriculture and Markets Law (as amd. by Laws of 1927, chap. 416) in operating a milk gathering station in the city of Utica in the months of June, 1928, and November, 1928, without a license, as required by said section. Motion is made by the defendant to dismiss each complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action. The defendant contends that the provisions of the…