PEOPLE v. CAULFIELD


207 Misc. 593 (1955)

The People of the State of New York, Plaintiff, v. Daniel Caulfield, James Kehoe and Andrew Storey, Defendants.

County Court, Kings County.

April 14, 1955.


Attorney(s) appearing for the Case

Louis Waldman and Seymour M. Waldman for defendants.

Edward S. Silver, District Attorney (Aaron E. Koota of counsel), for plaintiff.


LEIBOWITZ, J.

The defendants were, what is commonly termed, public loaders on a pier in Brooklyn. They move to dismiss this indictment which accuses them of willfully failing to file tax returns for the years, 1950 and 1951, and to pay the tax imposed upon "unincorporated business" as provided by article 16-A of the Tax Law.

The defendants contend that they were not engaged in a "business"; that they...

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