PEOPLE v. MILBRY


140 Misc.2d 476 (1988)

The People of the State of New York, Plaintiff, v. Gary Milbry, Defendant.

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

April 28, 1988


Attorney(s) appearing for the Case

Sharon D. Gray for defendant. Robert M. Morgenthau, District Attorney (Joseph N. DiMatteo of counsel), for plaintiff.


ANGELA MAZZARELLI, J.

This case concerns an issue, hitherto unresolved, that has arisen recently in numerous cases in New York City Criminal Court.

The facts are not in dispute. Defendant is an artist who paints floral pastels in the style of Rene Magritte. He does not, and does not claim to have, any license to vend merchandise on the sidewalk in New York City. On June 17, 1987 he was displaying his...

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