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PEOPLE v. JACOBS

301 N.Y. 456 (1950)

The People of the State of New York, Respondent, v. Benjamin Jacobs, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1950

Attorney(s) appearing for the Case

J. Bertram Wegman, Richard J. Burke and Myron L. Shapiro for appellant.

Miles F. McDonald, District Attorney (Aaron Nussbaum of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, DYE and FROESSEL, JJ., concur; DESMOND and FULD, JJ., concur for reversal on the sole ground that the interpretation of this statute arrived at in 1936 in People v. 34th St. Hotel Co. (160 Misc. 243), has been accepted by the public authorities for many years and should not now be disturbed.

CONWAY, J.

The defendant was convicted of the offense of conducting a linen supply laundry in violation of section B32-167.0 et seq. of article 23 of the Administrative Code of the City of New York, in that he had not procured a laundry license.

The facts are not in dispute. The defendant was the president of Arrow Linen Supply Co., Inc. (hereinafter called Arrow Linen) and was actively engaged...

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