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PEOPLE v. McCANN

3 N.Y.2d 797 (1957)

The People of the State of New York, Respondent, v. Eugene B. McCann, Doing Business under the Name of McCann Building & Management Fund, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Eugene B. McCann, appellant in person.

Louis J. Lefkowitz, Attorney-General (Matthew A. Tiffany and James O. Moore, Jr., of counsel), for respondent.

Concur: DESMOND, DYE, FULD and BURKE, JJ. VAN VOORHIS, J., dissents in the following opinion in which CONWAY, Ch. J., and FROESSEL, J., concur.

Judgment affirmed.

VAN VOORHIS, J., (dissenting).

The constitutionality of the Martin Act has been established (General Business Law, art. 23-A: Dunham v. Ottinger, 243 N.Y. 423; People v. Federated Radio Corp., 244 N.Y. 33), nor do we question that appellant should have been restrained from engaging in fraudulent practices in respect to stocks, bonds and other securities. But the injunction...

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