PEOPLE v. COOPER


24 N.Y.2d 877 (1969)

The People of the State of New York, Respondent, v. Herbert Cooper, Appellant.

Court of Appeals of the State of New York.

Decided April 23, 1969.


Attorney(s) appearing for the Case

Norman J. Mordkofsky for appellant.

J. Lee Rankin, Corporation Counsel (Samuel J. Warms, Stanley Buchsbaum and Max H. Finkelberg of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, and KEATING concur in a memorandum; Judge JASEN dissents and votes to affirm in an opinion in which Judges SCILEPPI and BREITEL concur.


MEMORANDUM.

The judgment of the Appellate Term should be reversed and a new trial ordered. Subdivision b of section N46-17.0 of the Administrative Code of the City of New York recites that a person who fails to file a city sales tax return shall be guilty of a misdemeanor. Since this statute is punitive and in view of the fact that the balance of this section, as well as analogous tax provisions of the State of New York,...

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