Franza v. Carey

At issue in this action for declaratory judgment is the constitutionality of article 39 of the General Business Law (§§ 850-853 [“Drug-Related Paraphernalia”]) and the question of whether, by application of the statutory principles of construction,1 some part of this law may survive. These questions have not only been carefully considered by the Justice sitting in Supreme Court, from whence this appeal comes to us,2 but review has also been had in the United States District Court for the Southern District of New York,3 although that decision has no precedential effect upon our consideration.4…