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PEOPLE v. FEDERICO

91 Misc.2d 131 (1977)

The People of the State of New York, Respondent, v. Robert Federico, Appellant.

Supreme Court, Appellate Term, Second Department.

April 21, 1977

Attorney(s) appearing for the Case

Richard T. Monahan and Joseph Lite for appellant. Henry F. O'Brien, District Attorney (Ronald E. Lipetz of counsel), for respondent.

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

MEMORANDUM.

Judgment of conviction affirmed.

Defendant's guilt of violating section 1 of article V of the Code of Ordinances of the Village of Ocean Beach in that he allowed an excursion boat to land in the Village of Ocean Beach was established beyond a reasonable doubt. Although defendant has questioned the constitutionality of the ordinance, i.e., that it is prohibitory rather than regulatory (see 9 NY Jur, Constitutional Law, § 196) and contends that...

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