Legal Opinion

People v. Palluch

Appellate Division of the Supreme Court of the State of New York

Decided April 5, 1918PublishedCited by 1 opinion

Appeal by the defendant, Peter Palluch, from a judgment of the Court of Special Sessions of the City of New York, Bronx County, Part Five, rendered against him on the 8th day of November, 1917, convicting him of having violated subdivisions 1 and 2 of section 8 of the Liquor Tax Law (Consol. Laws, chap. 34 [Laws of 1909, chap. 39], as amd. by Laws of 1917, chap. 623), by trafficking in liquor without a license.

1Opinion of the Court

Laughlin, J.:

The question presented by this appeal is whether hard cider containing six and three-tenths per cent alcohol is liquor within the meaning and intent of the Liquor Tax Law for trafficking in which a liquor tax' certificate is required.

It appears that the defendant was conducting on June 18, 1917, what is known as “ a cider stube” at 919 Melrose avenue in Bronx county. The defendant had no liquor tax certificate. The sale for which he has been convicted was of two gallons of old or hard cider containing six and three-tenths per cent alcohol. By the express provisions of section 2…

2Cases cited7 opinions

  1. Nevin v. LadueCourt for the Trial of Impeachments and Correction of Errors · 1846
  2. Rau v. . People of the State of N.Y.New York Court of Appeals · 1875
  3. People ex rel. Lanci v. O'ReillyAppellate Division of the Supreme Court of the State of New York · 1908
  4. People v. CoxAppellate Division of the Supreme Court of the State of New York · 1905
  5. People Ex Rel. Lance v. . O'ReillyNew York Court of Appeals · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. State v. La DueSupreme Court of Minnesota · 1925

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