Majority
p. 933The People of the State of New York, Respondent, v. Frank L. Martin, Odessa Mitchell and Floyd H. Hazel, Appellants. Argued February 11, 1965; decided March 18, 1965.
p. 934
Robert L. Carter and Joan Franklin for appellants.
p. 935
William Cahn, District Attorney (Henry P. De Vine and Martin I. Silberg of counsel), for respondent.
Judgments affirmed; no opinion.
Concur: Judges Van Voorhis, Burke, Scileppi and Bergah. Chief Judge Desmohd and Judges Dye and Full dissent and vote to reverse and to dismiss the information upon the ground that the evidence was insufficient to warrant the conviction of defendants of the crime of disorderly conduct in violation of subdivisions 1 and 2 of section 722 of the Penal Law. (People v. Perry, 265 N. Y. 362 ; People v. Chesnick, 302 N. Y. 58 ; People v. Carcel, 3 N Y 2d 327 .)
Cases cited
- People v. Perry 265 N. Y. 362 p. 935
- People v. Chesnick 302 N. Y. 58 p. 935
- People v. Carcel 3 N Y 2d 327 p. 935