Legal Opinion
People v. De Jesus
New York Court of Appeals
Decided December 22, 1981PublishedCited by 92 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
This appeal calls upon us to decide the extent to which the State, by enactment of the Alcoholic Beverage Control Law (L 1934, ch 478), has pre-empted the field of regulation of establishments which sell alcoholic beverages.
The issue arises in the context of criminal prosecutions based on informations charging the named defendants, 125 patrons of an unlicensed “after hours” club,1 with violation of section 44-14 of the Municipal Code of the City of Rochester. The ordinance states that “[n]o person shall patronize an establishment which is selling or offering…
2Cases cited10 opinions
- Robin v. Incorporated Village of HempsteadNew York Court of Appeals · 1972
- Wholesale Laundry Board of Trade, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1962
- Wholesale Laundry Board of Trade, Inc. v. City of New YorkNew York Court of Appeals · 1963
- S. H. Kress & Co. v. Department of HealthNew York Court of Appeals · 1940
- Joseph E. Seagram & Sons, Inc. v. HostetterNew York Court of Appeals · 1965
5 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
- New York State Club Ass'n v. City of New YorkNew York Court of Appeals · 1987
- Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
- Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
- DJL Restaurant Corp. v. City of New YorkNew York Court of Appeals · 2001
87 more not listed; retrieve them via the Exa API.