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N.Y.C. v. JOB-LOT PUSHCART

88 N.Y.2d 163 (1996)

666 N.E.2d 537

643 N.Y.S.2d 944

City of New York, Respondent, v. Job-Lot Pushcart et al., Defendants, and Ja-Ru, Appellant.

Court of Appeals of the State of New York.

Decided May 7, 1996.

Attorney(s) appearing for the Case

Locker Greenberg & Branin, P. C., New York City (Frederick B. Locker of counsel), for appellant.

Paul A. Crotty, Corporation Counsel of New York City (George Gutwirth and Francis F. Caputo of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

Since 1955, New York City has outlawed the sale, possession or use of any toy or imitation gun which substantially resembles an actual firearm because of the toy's potential for nefarious exploitation (see, Administrative Code of City of NY § 10-131 [g]; Proceedings of NY City Council, at 24 [Jan. 18, 1955]). Only toy guns that are not blue...

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