Hall Approved Free Access to American Case Law
Appellate Division of the Supreme Court of New York, 1943

People v. Custom Shops, Inc.

People v. Custom Shops, Inc.
Appellate Division of the Supreme Court of New York · Decided December 21, 1943
267 A.D. 168; 45 N.Y.S.2d 218; 1943 N.Y. App. Div. LEXIS 6002

Counsel

Harold Epstein of counsel (Oscar Stabiner with him on the brief; Hays, St. John, Abramson d Schulman, attorneys), for appellant., Charles H. McHugh, Deputy Assistant District Attorney, of counsel (Frank S. Hogan, District Attorney), for respondent.

People v. Custom Shops, Inc.

Opinion of the Court

Per Curiam.

The purpose of section 421" of the Penal Law is to prohibit untrue and misleading advertisements. In this case the sign complained of did not contain any assertion, representa*169tion or statement of fact which was untrue, deceptive or misleading, nor was there any proof to establish deceit or even an intent to deceive or mislead any member of the public. In our view,' no violation of the statute was shown. The judgment of conviction should, accordingly, be reversed and the information dismissed.

Townley, Glennon, Untermyer, Cohn and Callahan, JJ., concur.

Judgment unanimously reversed and the information dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.