The city has appealed the judge’s ruling in favor of a convenience store in Queens that could have broader implications for enforcement.
A state judge has ordered New York City to allow a convenience store in Queens to reopen after it was accused of selling cannabis illegally, a decision that could significantly affect the city’s effort to wipe out thousands of unlicensed sellers.
The city quickly appealed the ruling issued Wednesday by Justice Kevin J. Kerrigan. He found that the city sheriff’s office had no legal reason to keep the store at 35-12 Bell Boulevard padlocked because the underlying summons had been dismissed after the city could not prove it had delivered it to the right person. The sheriff’s office issued the summons during an inspection in June, charging the store with selling cannabis without a license.
After the summons was dismissed on procedural grounds, that should have been the end to the case, Justice Kerrigan wrote in his decision.
Instead, the hearing officer, a lawyer who assumes the role of a judge in the case, went on to recommend that the sheriff’s office keep the business closed because she believed illegal activity was taking place at the store. She also concluded that she did not need to determine whether the illegal activity was more than minimal in making her recommendation, he said. [Read More @ The NY Times]