PEOPLE v. AHREND CO.


308 N.Y. 112 (1954)

The People of the State of New York, Respondent, v. D. H. Ahrend Co., Inc., Defendant, and Herbert Ahrend, Appellant.

Court of Appeals of the State of New York.

Decided December 31, 1954


Attorney(s) appearing for the Case

Philip I. Delfin for appellant.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Wendell P. Brown of counsel), for respondent.

LEWIS, Ch. J., DESMOND, DYE, FULD and FROESSEL, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents in an opinion in which CONWAY, J., concurs.


Per Curiam.

If this appellant, who was not only an officer, but the sole active manager and actual owner of this corporation, did not "knowingly permit" his corporation to fail to pay its workmen's wages, then it is hard to see how anyone could, as an officer, violate section 1272 of the Penal Law. "Knowingly" (see Penal Law, § 3, subd. 4) means merely a knowledge of the existence of the facts constituting the...

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