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PEOPLE v. BYRON

17 N.Y.2d 64 (1966)

The People of the State of New York, Appellant, v. Daniel L. Byron, Respondent.

Court of Appeals of the State of New York.

Decided February 24, 1966.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley, Paxton Blair and Ruth Kessler Toch of counsel), and Sidney T. Hewes, District Attorney, for appellant.

Benjamin C. Perreault for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.

KEATING, J.

This appeal is here by leave of a Judge of this court from an order of the County Court of Chautauqua County (O'CONNOR, J.) which held unconstitutional for vagueness sub-division 31 of section 375 of the Vehicle and Traffic Law pertaining to motor vehicle mufflers, reversed the conviction and remitted the fine imposed by a Justice of the Peace in the Town of Poland.

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