This is an appeal from a judgment of Justice Court, Town of Colonie (TATE, J.), which dismissed two informations by sustaining a demurrer based on the grounds that the facts stated do not constitute crimes because section 9 of the General Business Law is unconstitutional.
The procedural issue regarding the propriety of testing the constitutionality of a statute by demurring to an information may be summarily disposed of. A motion...
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