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PEOPLE v. FINKELSTEIN

12 A.D.2d 457 (1960)

The People of the State of New York, Respondent, v. Louis Finkelstein, Joseph Kleinberg, Nathan Goldstein, Louis Schaeffer and Herman H. Schenkman, Appellants

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

November 10, 1960

Judgments of conviction unanimously affirmed.

It is not clear that People v. Engel (7 N.Y.2d 1002) determined that section 1141 of the Penal Law in its present form is unconstitutional. The decision is supportable by the absence in that case of any proof which would supply the element of scienter. In the absence of further clarification by the highest court of the State the statute may be construed to require scienter...

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