People v. Federico

Memorandum. Judgment of conviction affirmed.

Defendant’s guilt of violating section 1 of article V of the Code of Ordinances of the Village of Ocean Beach in that he allowed an excursion boat to land in the Village of Ocean Beach was established beyond a reasonable doubt. Although defendant has questioned the constitutionality of the ordinance, i.e., that it is prohibitory rather than regulatory (see 9 NY Jur, Constitutional Law, § 196) and contends that it has been enforced in a discriminatory manner, defendant has failed to raise these issues in the proper manner (CPL 170.30, subd 1, par…