Majority
p. 983The People of the State of New York, Respondent, v. Sam Metzkin, Appellant. Argued November 29, 1961; decided December 7, 1961.
p. 984
Henry Gallop for appellant.
Edward S. Silver, District Attorney (Raymond J. Scanlan and David Diamond of counsel), for respondent.
Judgment reversed, fine remitted and complaint dismissed, on the ground that the guilt of this defendant was not established beyond a reasonable doubt. Section 492 of the New York City
p. 985
Charter reasonably construed is not unconstitutional and prima facie a violation thereof was shown by proof that defendant refused to permit this inspection by a city fireman. However, when it appeared that in the recent past there had been a large number of such inspections of these same premises by firemen, proof was required that there was necessity or reason for still another such inspection. No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.