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PEOPLE v. MILLER

304 N.Y. 105 (1952)

The People of the State of New York, Respondent, v. John F. Miller, Appellant.

Court of Appeals of the State of New York.

Decided April 23, 1952

Attorney(s) appearing for the Case

Dennis M. Breen, Jr., for appellant.

Frank A. Gulotta, District Attorney (Philip Huntington of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FROESSEL, JJ., concur.

FULD, J.

Defendant keeps pigeons as a hobby, and since 1945 has harbored them on his property, located in a residential area of the Town of North Hempstead. In 1947, the town's Building Zone Ordinance was amended to outlaw such a use of property in a residential, business or commercial zone: "In any use district", Article XV, section 155.5, provides, "no premises may be used or occupied and no structure may be...

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