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MATTER OF VERGARI v. MARCUS

26 N.Y.2d 764 (1970)

In the Matter of Carl A. Vergari, as District Attorney of Westchester County, Appellant, v. Andrew Marcus, Respondent.

Court of Appeals of the State of New York.

Decided February 18, 1970.

Attorney(s) appearing for the Case

Gordon Miller, County Attorney (Arthur T. Connick of counsel), for appellant.

Samuel S. Slavitt and William Scott, II for respondent.

Louis J. Lefkowitz, Attorney-General (Arlene R. Silverman and Samuel A. Hirshowitz of counsel), amicus curiae.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur; Judge BURKE taking no part.

MEMORANDUM.

Cases involving judicial proceedings for forfeiture of penalties were tried by jury before the adoption of the 1846 Constitution (Colon v. Lisk, 13 App. Div. 195, affd. 153 N.Y. 188; see, also, People ex rel. Lemon v. Elmore, 256 N.Y. 489, 493; 4 Lincoln, Constitutional History of New York, p. 50; 44 N. Y. Jur., Penalties and Forfeitures, §§ 7, 16). Therefore, section 2 of article I of...

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