PEOPLE v. PARRY


82 Misc.2d 21 (1975)

The People of the State of New York, Appellant, v. John D. Parry, Respondent.

Supreme Court, Appellate Term, Second Department.

April 1, 1975


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and David H. Berman of counsel), for appellant. Gaynor, Glick & Pisani (Joseph R. Pisani and Kenneth W. Cohn of counsel), for respondent.

Concur: HOGAN, P. J., GLICKMAN and GAGLIARDI, JJ.


MEMORANDUM.

Order unanimously reversed on the law and facts, complaint reinstated and case remitted for further proceedings.

The People appeal from an order which dismissed the complaint upon the grounds that the rule expressed in sections 150.1 (subd [a], par [38]) and 151.31 of the Rules and Regulations of the East Hudson Parkway Authority (21 NYCRR 150.1 [a] [38], 151.31) was invalid and that its application to defendant would have been unconstitutional...

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