Legal Opinion
State v. Rutkowski
New York Court of Appeals
Decided July 6, 1978PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified.
In answer to the complaint the defendants stated as affirmative defenses, without elaboration, that the statutes (Public Health Law, § 1116; ECL 17-1505) "are so vague, uncertain and ambiguous as to be unconstitutional. ” The burden of course was on the defendants to demonstrate the unconstitutionality of the laws (People v Byron, 17 NY2d 64; Fenster v Leary, 20 NY2d 309). Here both Special Term and the Appellate Division determined that the statutes were unconstitutionally vague by posing certain…
2Cases cited5 opinions
- United States v. MazurieSupreme Court of the United States · 1975
- United States v. National Dairy Products Corp.Supreme Court of the United States · 1963
- People v. ByronNew York Court of Appeals · 1966
- Fenster v. LearyNew York Court of Appeals · 1967
- Slavin v. IngrahamNew York Court of Appeals · 1975
3Cited by17 opinions
- Doe v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- Russel v. Town of PittsfordAppellate Division of the Supreme Court of the State of New York · 1983
- Burke v. DenisonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. CornishNew York Supreme Court · 1980
- City of Utica v. New York State Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1983
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