General

The People of the State of New York, Respondent, v. Guy W. Picking and Ida M. Picking, Appellants

263 A.D. 366·New York Supreme Court, Appellate Division·1942·NY

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Opinion

The People of the State of New York, Respondent, v. Guy W. Picking and Ida M. Picking, Appellants. First Department, February 27, 1942. Ida M. Picking, for the appellants. Francis C. Leffler, Deputy Assistant District Attorney, of counsel [Stanley H. Fuld, Assistant District Attorney, with him on the brief; Frank S. Hogan, District Attorney], for the respondent. [MAJORITY — Per Curiam.] Per Curiam. The triers of the facts could properly find that the car on which appeared at six different places the defendants’ name, emblem and appeal to “ Travel America ” constituted one advertisement to which the flag' was affixed in violation of the statute (Penal Law, § 1425, subd. 16, If a). The judgments should be affirmed. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ. Judgments unanimously affirmed.