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PEOPLE v. MADDAUS

5 A.D.2d 886 (1958)

The People of the State of New York, Respondent, v. Paul Maddaus, Appellant

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

March 24, 1958

Judgment reversed on the law and the facts and complaint dismissed.

It appears that appellant was adjudged to be guilty in that he refused, upon constitutional grounds, to consent to an inspection without a warrant. By such conduct he did not "interfere with or obstruct" an inspector, within the meaning of said section (District of Columbia v. Little, 339 U.S. 1). No separate appeal lies from the sentence, which has been reviewed...

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