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PEOPLE v. FINKELSTEIN

9 N.Y.2d 342 (1961)

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

Court of Appeals of the State of New York.

Decided March 30, 1961.

Attorney(s) appearing for the Case

Emanuel Redfield for appellants.

Frank S. Hogan, District Attorney (Peter J. O'Connor and Richard G. Denzer of counsel), for respondent.

Chief Judge DESMOND and Judges DYE and FULD concur with Judge BURKE; Judge VAN VOORHIS dissents and votes to reverse and to dismiss the informations upon the ground that section 1141 of the Penal Law is unconstitutional in an opinion in which Judge FOSTER concurs; Judge FROESSEL dissents and votes to affirm in a memorandum.

BURKE, J.

Defendants, in a consolidated appeal from unanimously affirmed convictions of violations of section 1141 of the Penal Law, contend, inter alia, that the statute is violative of the Constitution of the United States in that it does not expressly require scienter. We do not agree.

Section 1141 provides in part that "A person who sells * * * or has in his possession with intent to...

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