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PEOPLE EX REL. DeMAURO v. GAVIN

92 N.Y.2d 963 (1998)

706 N.E.2d 738

683 N.Y.S.2d 750

The People of the State of New York ex rel. Salvatore DeMauro, as Code Enforcement Officer of the Town of Tusten, Appellant, v. Grey Gavin, Respondent.

Court of Appeals of the State of New York.

Decided November 20, 1998.

Attorney(s) appearing for the Case

Jeffrey P. Clemente, Narrowsburg, for appellant.

James J. Herkenham, III, Slate Hill, for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur in memorandum.

MEMORANDUM.

The order of the County Court should be reversed, and the case remitted to that court pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b) for determination of the facts.

To further his claim that his religion required him to violate a zoning ordinance, defendant requested that Town Court include in its jury charge the language of the Free Exercise of Religion Clause from the New York Constitution (NY Const...

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