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PEOPLE v. PEREZ

56 Misc.2d 424 (1967)

The People of the State of New York, Respondent, v. Jose Perez, Appellant.

Supreme Court, Appellate Term, First Department.

December 7, 1967

Attorney(s) appearing for the Case

Harold J. Rothwax for appellant. Frank S. Hogan, District Attorney (Michael R. Stack of counsel), for respondent.

Concur — HOFSTADTER, J. P., MARKOWITZ and GOLD, JJ.

Per Curiam.

The challenge to the constitutionality of the anti-marijuana statute may not be sustained on this record.

Fundamental to the very concept of separation of powers is the oft-stated principle that legislative enactments are presumed constitutional and presumed to be supported by facts known to the Legislature and found by them to require the legislation. (Matter of Van Berkel v. Power, 16 N.Y.2d 37

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