Legal Opinion
People v. Vitale
New York City Magistrates' Court
Decided April 2, 1934Published
1Opinion of the Court
Hughes,
City Magistrate. The complaint charges the defendant with violating section 132-a of chapter 180 of the Laws of 1933, as added by chapter 819 of the Laws of 1933 (commonly known as the New York State Alcoholic Beverage Control Law), in that he sold a drink of whisky to the complainant, a police officer, without have first procured a license.
The defendant moves to dismiss the complaint upon the ground that the statute is unconstitutional. The situation disclosed here has never arisen heretofore in our history.
Chapter 819 of the Laws of 1933 was enacted by the Legislature of the State of…
2Cases cited12 opinions
- Meyer v. NebraskaSupreme Court of the United States · 1923
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Mugler v. KansasSupreme Court of the United States · 1887
- Lochner v. New YorkSupreme Court of the United States · 1905
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