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PEOPLE v. RESTUCCIA

113 Misc.2d 224 (1982)

The People of the State of New York, Plaintiff, v. Bettijoe Restuccia, Defendant.

City Court of Oswego, Oswego County.

March 19, 1982

Attorney(s) appearing for the Case

James K. Eby for defendant. James McCarthy for plaintiff.

FRANK M. KLINGER, J.

Defendant moves to dismiss the accusatory instrument on the ground that the animal control ordinance is unconstitutionally vague.

In support of her motion respondent cites the case of City of Columbus v Becher (173 Ohio St. 197). In that case the ordinance prohibits keeping of any animal which "`howls or barks or emits audible sounds to the annoyance of the inhabitants of this...

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