PEOPLE v. UTICA DAW'S DRUG CO.


28 Misc.2d 576 (1961)

The People of the State of New York, Plaintiff, v. Utica Daw's Drug Co., Inc., Defendant.

County Court, Oneida County.

February 28, 1961


Attorney(s) appearing for the Case

Abelove & Myers (Milton A. Abelove of counsel), for defendant. Arthur A. Darrigrand, District Attorney, for plaintiff.


JOHN J. WALSH, J.

Defendant moves to set aside a verdict of the jury. The grounds for said motion were:

(a) That the verdict is contrary to law and clearly against the evidence.

(b) The court erroneously instructed the jury that the defendant had the burden of proof with respect to establishing its defense that the statute was enforced against it in violation of the Fourteenth Amendment of the United States Constitution.

(c) The...

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