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PEOPLE v. DEMPSEY

120 Misc.2d 1035 (1983)

The People of the State of New York, Plaintiff, v. Dennis J. Dempsey and Robert G. Miron, Defendants.

Criminal Court of the City of New York, Richmond County.

August 30, 1983

Attorney(s) appearing for the Case

Weinberg, Kert & Weinberger (Arnold L. Kert of counsel), for defendants. Frederick A. O. Schwarz, Jr., Corporation Counsel (Alan Levine of counsel), for plaintiff.

LEONARD P. RIENZI, J.

The defendants are charged with violating sections of the New York City Administrative Code (§ C19-57.0, subd b; § C19-152.0, subd b; § C19-53.0, subd c, par 5) and New York City Charter (§ 489) relating to the transportation of flammable liquids within city limits during restricted hours. Defendants move to dismiss the summonses on the ground that the statutes defining the offenses are unconstitutional based...

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