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PEOPLE v. TETER

35 Misc.2d 823 (1962)

The People of the State of New York, Plaintiff, v. Earl Teter, Defendant.

Magistrates' Courts of the City of New York, Borough of Manhattan.

August 31, 1962

Attorney(s) appearing for the Case

Mudge, Stern, Baldwin & Todd (Paul D. Miller and Robert P. Shaughnessy of counsel), for defendant. Albert E. Felix for Anti-Vivisection League, complainant.

WALTER J. BAYER, M.

To strike down subdivision 2 of section 195-a of the Penal Law,* on constitutional grounds is the plea of this defendant. He moves to dismiss the complaint urging that this statute violates the commerce clause (U. S. Const., art. I, § 8), and the due process clauses of both the Federal and New York Constitutions. (U. S. Const., 14th Amdt.; N. Y. Const., art., I, § 6.)

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