PEOPLE v. FAXLANGER


1 N.Y.2d 393 (1956)

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

Court of Appeals of the State of New York.

Decided July 11, 1956.


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), in his statutory capacity under section 71 of the Executive Law.

CONWAY, Ch. J., FULD and BURKE, JJ., concur with FROESSEL, J.; DESMOND, J., concurs for affirmance in a separate memorandum in which DYE and VAN VOORHIS, JJ., concur.


FROESSEL, J.

Defendant was convicted of unlawfully operating a filling station in that he willfully failed to procure a license from the Department of Taxation and Finance as required by section 283-a of the Tax Law. The Attorney-General concedes that the issuance of a license may be compelled by mandamus, and once issued may not be taken away except by due process. We are agreed that section 283-a of the Tax...

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