PEOPLE v. ROLLE


44 N.Y.2d 743 (1978)

The People of the State of New York, Appellant, v. Alfred Rolle, Respondent.

Court of Appeals of the State of New York.

Decided April 25, 1978.


Attorney(s) appearing for the Case

Richard A. Hennessy, Jr., District Attorney (John A. Cirando and William J. Fitzpatrick of counsel), for appellant.

Clifford Forstadt, George T. Dunn and Gerald T. Barth for respondent.

Louis J. Lefkowitz, Attorney-General (Sidney L. Grossman, Ruth Kessler Toch and Anne S. Meadvin of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

Order of the County Court of the County of Onondaga reversed and the judgment of conviction reinstated.

Subdivision 1 of section 96 of the Alcoholic Beverage Control Law is not unconstitutional for vagueness. The purpose of the Alcoholic Beverage Control Law, as expressed in section 2 and as implemented throughout its provisions, but especially in section 100, indicates that the regulatory law governs...

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