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PEOPLE v. METZKIN

10 N.Y.2d 983 (1961)

The People of the State of New York, Respondent, v. Sam Metzkin, Appellant.

Court of Appeals of the State of New York.

Decided December 7, 1961.

Attorney(s) appearing for the Case

Henry Gallop for appellant.

Edward S. Silver, District Attorney (Raymond J. Scanlan and David Diamond of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

Judgment reversed, fine remitted and complaint dismissed, on the ground that the guilt of this defendant was not established beyond a reasonable doubt. Section 492 of the New York City Charter reasonably construed is not unconstitutional and prima facie a violation thereof was shown by proof that defendant refused to permit this inspection by a city fireman. However, when it appeared that in the recent past there had been a large...

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