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PEOPLE v. CARILLO

42 Misc.2d 74 (1964)

The People of the State of New York, Respondent, v. Frank Carillo, Appellant.

Supreme Court, Appellate Term, Second Department.

February 4, 1964

Attorney(s) appearing for the Case

Casey, Lane & Mittendorf (Robert W. Sweet and Robert M. Schuchman of counsel), for appellant. Leo A. Larkin, Corporation Counsel (Seymour B. Quel and John A. Murray of counsel), for respondent. Davis Polk Wardwell Sunderland & Kiendl (Lawrence E. Walsh, Richard E. Nolan and T. Richard Brown of counsel), for E. F. MacDonald Stamp Company and others, amici curiæ. Herbert H. Pensig (Frederick Siegmund of counsel), for Gasoline Merchants of Brooklyn, Inc., amicus curiæ.

Concur — PETTE and GROAT, JJ.

WALTER R. HART, J.

The local law (Administrative Code of City of New York, § B36-103.0) for the alleged violation of which the defendant was convicted in the court below provides: (a) that it shall be unlawful to sell or offer to sell at retail any gasoline unless the seller keeps continuously posted on the individual pumps signs not less than 7 inches in height and 8 inches in width nor larger than 12 inches...

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