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PEOPLE v. ST. AGATHA HOME

47 N.Y.2d 46 (1979)

The People of the State of New York, Appellant, v. St. Agatha Home for Children and Robert Keating, Respondents.

Court of Appeals of the State of New York.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (James A. Cuddihy, of counsel), for appellant.

David H. Berman and Gerald E. Bodell for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in Per Curiam opinion.

Per Curiam.

The order appealed from should be affirmed. Having elected to litigate this novel question of zoning law in the context of a criminal proceeding, the People must of course meet all burdens placed upon the People in a criminal proceeding, including the burden of proving all elements of the offense beyond a reasonable doubt. This they have failed to do.

Defendants are a private child care organization...

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