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PEOPLE v. SANTIAGO

9 Misc.3d 197 (2005)

800 N.Y.S.2d 883

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RENE SANTIAGO, Defendant.

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

July 11, 2005.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Benjamin Kanstroom of counsel), for defendant.

Robert M. Morgenthau, District Attorney, New York City (Jeffrey Davis of counsel), for plaintiff.

OPINION OF THE COURT

GERALD HARRIS, J.

This opinion addresses the knotty and recurring issue of whether digital video discs (DVDs) may be sold in New York City without a general vendor's license and whether the answer to that question is affected by the illicit nature of the item sold. The defense relies, in part, upon a letter/opinion issued by an official of the Department of Consumer Affairs (DCA), the agency...

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