People v. Goldstein

This is an appeal by the People from a judgment of a city magistrate sustaining a demurrer on constitutional grounds, to a complaint charging a violation of subdivision a of section B32-66.0 of article 11, title B, chapter 32 of the Administrative Code of the City of New York, as amended by Local Law No. 3, January 27, 1945, which prohibits the obstruction of sidewalks in the county of Queens by stoop stands or booths. The penalty for violation is a fine of $25,

• or imprisonment for thirty days, or both such fine and imprisonment.

At the outset we are confronted with the question of…