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People v. Stark

199 A.D. 930 Court Second Department, English

Delivered by Kelly, J. (dissenting):

Contents

Majority

p. 930
Second Department,
November, 1921.
The People of the State of New York, Respondent, v. Abraham I. Stark, Appellant.

Headnote

Appeal from a judgment of conviction rendered on the 23d day of November, 1920, by the Court of Special Sessions, Municipal Term, Part II.
Judgment of conviction of the Court of Special Sessions, Municipal Term, Part II, affirmed. No opinion. Blaekmar, P. J., Mills, Putnam and Manning, JJ., concur.

I dissent and vote to reverse the judgment of conviction and for a new trial upon the ground that there was no evidence of a contract by the defendant to furnish heat to the tenants. In my opinion the provision of the Sanitary Code, section 225,[1] that the mere presence in the premises of a furnace, boiler or apparatus is evidence of such contract, is unconstitutional, unreasonable and insufficient to justify conviction of a crime.

* See Code of Ordinances of City of New York, chap. 20, § 225.— [Rep.