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People v. Burke

267 N.Y. 571 Court N.Y. Decision date 1935-04-30 English

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p. 571
The People of the State of New York, Appellant, v. Vincent Burke, Fred Topel and Frank Maniscalco, Respondents.
(Argued April 22, 1935;
decided April 30, 1935.)
William Copeland Dodge, District Attorney (Philip A. Donahue of counsel), for appellant.
Ilo Orleans for Fred Topel, respondent.

Judgment affirmed; no opinion.

p. 572
Concur: Lehman, O’Brien, Crouch and Loughran, JJ. Not sitting: Finch, J. Crane, Ch. J., dissents in the following memorandum, in which Hubbs, J., concurs: Crane, Ch. J. (dissenting). For men and women to appear naked in a gymnasium, to which admittance is gained by the payment of a fee, in my judgment “ openly outrages public decency,” and is a violation of sections 43, 1140 and 1530 of the Penal Law. I dissent and vote for the affirmance of the convictions of these defendants.