The following excerpt is from People v. Walkenhorst, 299 N.Y.S.2d 912, 59 Misc.2d 563 (N.Y. App. Term 1969):
Consonant with the foregoing, and under the guiding principle that 'courts may not by forced construction create a crime (People v. Stoll, 242 N.Y. 453, 463, 152 N.E. 259, 262),' it is our conclusion that the defendants have not committed any act within the condemnation of the ordinance under review.
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