1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 54 N.Y.2d
  5. 54 N.Y.2d 465 (1981)
 

PEOPLE v. DE JESUS (LUIS)

54 N.Y.2d 465 (1981)

The People of the State of New York, Appellant, v. Luis De Jesus, Carlos Lopez, Maria Ortiz, Samuel Pagan, Edwin Torres (And 120 Additional Defendants), Respondents.

Court of Appeals of the State of New York.

Decided December 22, 1981.

Attorney(s) appearing for the Case

Donald O. Chesworth, Jr., District Attorney (Kenneth R. Fisher and David L. Pogue of counsel), for appellant.

Edward J. Nowak, Public Defender (Brian Shiffrin of counsel), for respondents.

Chief Judge COOKE and Judges JONES, WACHTLER and MEYER concur with Judge FUCHSBERG; Judge GABRIELLI dissents and votes to reverse in a separate opinion in which Judge JASEN concurs.

FUCHSBERG, J.

This appeal calls upon us to decide the extent to which the State, by enactment of the Alcoholic Beverage Control Law (L 1934, ch 478), has pre-empted the field of regulation of establishments which sell alcoholic beverages.

The issue arises in the context of criminal prosecutions based on informations charging the named defendants, 125 patrons of an unlicensed "after hours" club,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases