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PEOPLE v. NYRA

126 Misc.2d 783 (1984)

The People of the State of New York, Plaintiff, v. NYRA and Barterama, Inc., Defendants.

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

August 31, 1984

Attorney(s) appearing for the Case

Cahill, Gordon & Reindel (Joseph J. Loonan of counsel), for NYRA, defendant. Baron & Vesel, P. C. (Edward Vesel of counsel), for Barterama, Inc., defendant. Frederick A. O. Schwarz, Jr., Corporation Counsel (Susan C. Berger and Harry Shatz of counsel), for plaintiff.

BONNIE WITTNER, J.

The defendants are charged with violations of New York City Zoning Resolution § 32-41 by operating an open-air flea market on the parking lot of Aqueduct Racetrack in the County of Queens, pursuant to Administrative Code of the City of New York §§ 643a-12.0, C26-87.0.

The defendants move for a dismissal of the instant accusatory instruments on the following grounds:

1) The defendants' constitutional rights...

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