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PEOPLE v. FINCH

88 Misc.2d 581 (1976)

The People of the State of New York, Plaintiff, v. Samuel Finch, Defendant. The People of the State of New York, Plaintiff, v. Edward Evasko, Defendant.

Justice Court of Village of Monticello, Sullivan County.

September 29, 1976

Attorney(s) appearing for the Case

Richard A. Stoloff for defendants. Theodore Drew, Village Attorney, for plaintiff.

BURTON LEDINA, J.

In each of the cases considered herein, the defendant has moved to dismiss upon the grounds that the ordinance, the violation of which the defendants stand charged, is a nullity by virtue of the contentions, first, that the municipality was without authority and jurisdiction to enact the same, and second, that the municipality lacked any legitimate purpose or police power to enact such ordinance...

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