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PEOPLE v. FAXLANGER

1 A.D.2d 92 (1955)

The People of the State of New York, Respondent, v. Walter F. Faxlanger, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 29, 1955.

Attorney(s) appearing for the Case

Nathaniel A. Barrell for appellant.

John F. Dwyer, District Attorney (Leonard Finkelstein of counsel), for respondent.

Jacob K. Javits, Attorney-General (Robert W. Bush and James O. Moore, Jr., of counsel), intervenor-respondent, in his statutory capacity under section 71 of the Executive Law.

All concur. Present — McCURN, P. J., KIMBALL, WHEELER, VAN DUSER and WILLIAMS, JJ.

WHEELER, J.

Defendant-appellant has been convicted under an indictment charging him with violating section 283-a of the Tax Law (L. 1932, ch. 330, § 2, as amd.) by unlawfully operating a gasoline filling station without procuring a license from the Department of Taxation and Finance.

The facts upon which the conviction is based are not in dispute. The defendant is the owner of a retail gasoline station...

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