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STATE v. DAQUINO

56 N.J. Super. 230 (1959)

152 A.2d 377

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN DAQUINO AND SAM DAQUINO, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Supplemental briefs filed May 1, 1959.

Decided June 18, 1959.

Attorney(s) appearing for the Case

Mr. Sam Weiss argued the cause for defendants-appellants (Mr. Frank J. Cavico, attorney).

Mr. Don A. Cetrulo, Legal Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Charles V. Webb, Jr., Essex County Prosecutor, attorney).

Mr. Francis A. Mulhern filed a brief for The Port of New York Authority, amicus curiae (Mr. Sidney Goldstein, General Counsel and Jeanne R. Silver of the New York Bar, on the brief).

Before Judges CONFORD, FREUND and HANEMAN.

The opinion of the court was delivered by CONFORD, J.A.D.

Defendants were convicted in the Municipal Court of the City of Newark of violating N.J.S.A. 32:1-146.6 and 146.7 (L. 1953, c. 171) (hereinafter referred to as the Terminal Act), which makes it a penal offense to sell merchandise at any terminal, including airports, operated by The Port of New York Authority ("Port Authority" hereinafter), without authorization by that agency. The evidence...

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