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PEOPLE v. LEVY

283 A.D. 383 (1954)

The People of the State of New York, Respondent, v. Sol Levy, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 2, 1954.

Attorney(s) appearing for the Case

Paul A. Stone of counsel (Charles W. Manning and Richard G. Denzer with him on the brief; Frank S. Hogan, District Attorney), for respondent.

Harry Gittleson for appellant.

DORE, J. P., COHN, CALLAHAN and BOTEIN, JJ., concur.

Per Curiam.

In Todd v. United States (158 U.S. 278), Mr. Justice BREWER for the court held (p. 282): "It is axiomatic that statutes creating and defining crimes cannot be extended by intendment, and that no act, however wrongful, can be punished under such a statute unless clearly within its terms. `There can be no constructive offences, and before a man can be punished, his case...

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