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PEOPLE v. McKINNEY

135 Misc.2d 259 (1987)

The People of the State of New York, Plaintiff, v. Frank A. McKinney, Defendant.

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

March 18, 1987

Attorney(s) appearing for the Case

Markewich, Freidman & Markewich (Daniel Markewich of counsel), for plaintiff. John J. Santucci, District Attorney (Thomas Carton of counsel), for plaintiff.

JOHN A. MILANO, J.

The question presented in this motion to dismiss a misdemeanor charge of criminal trespass in the third degree is whether the National Labor Relations Act preempts New York State jurisdiction of this criminal prosecution.

The defendant is a vice-president of Local 144, the Hotel, Hospital, Nursing Home and Allied Services Union. On September 24, 1986 the defendant went to Surfside Nursing Home in Far Rockaway, Queens, for purposes...

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