Legal Opinion

People v. Balmuth

Appellate Terms of the Supreme Court of New York

Decided July 26, 2001PublishedCited by 2 opinions

1Opinion of the Court

*244OPINION OF THE COURT

2Per curiam

Orders entered August 12, 1998 and February 8, 1999 affirmed, for the reasons stated in the decision of Judge Lucy Billings, at the Criminal Court (see, 178 Misc 2d 958, 967-968).

We sustain the dismissal of these companion criminal prosecutions on nonconstitutional grounds (see, People v Davis, 43 NY2d 17, 29), and note our agreement that the permit requirements contained in the New York City Department of Parks and Recreation regulations here at issue (56 RCNY 1-05 [b]; 1-03 [c] [1]) are not properly enforced against general vendors, such as defendants herein, who…

3Cases cited3 opinions

  1. People v. DavisNew York Court of Appeals · 1977
  2. Campagna v. ShafferNew York Court of Appeals · 1989
  3. People v. BalmuthCriminal Court of the City of New York · 1998

4Cited by2 opinions

  1. Dua v. New York City Department of ParksAppellate Division of the Supreme Court of the State of New York · 2011
  2. Lederman v. RosadoCourt of Appeals for the Second Circuit · 2003

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