People v. New York Racing Ass'n

OPINION OF THE COURT

Memorandum.

Orders unanimously reversed, on the law, motions denied and matters remanded for all further proceedings.

Defendant New York Racing Association, Inc. (NYRA) leased the parking field at Aqueduct Racetrack to defendant Barterama, which operated a flea market thereon. Both were charged with violating section 32-41 of the New *588York City Zoning Resolution. Each made a motion to dismiss the respective accusatory instrument lodged against them on the grounds that activities sanctioned by defendant NYRA on the parking field were immune from the application of the local…