Legal Opinion
People v. Fernandez
New York Supreme Court
Decided February 22, 1978PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Harold Hyman, J.
Defendants move to dismiss the indictment on constitutional and other grounds hereinafter more fully discussed.
The section involved, section 190.40 of the Penal Law, best known as the "loansharking” section, provides as follows: "A person is guilty of criminal usury when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan * * * at a rate exceeding twenty-five percentum per annum or the equivalent rate for a longer or shorter period.”
Defendants contend, among other…
2Cases cited33 opinions
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- Lanzetta v. New JerseySupreme Court of the United States · 1939
- People v. BroadieNew York Court of Appeals · 1975
- Montgomery v. DanielsNew York Court of Appeals · 1975
- Defiance Milk Products Co. v. Du MondNew York Court of Appeals · 1956
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3Cited by4 opinions
- Browner v. District of ColumbiaDistrict of Columbia Court of Appeals · 1988
- Hammelburger v. Foursome Inn Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- People v. Ayers, New York County Courts1981
- People v. BrownNew York Supreme Court · 1993