This case was tried without a jury. Although this case may be decided on the facts, the District Attorney has requested me to write an opinion on the issue of law in this case. That issue of law has never been decided in this State.
The defendant was indicted and tried for a violation of subdivision 5-a of section 1897 of the Penal Law, a felony. The testimony discloses that the defendant was arrested while carrying on the...
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