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People v. Lawson

16 N.Y.2d 552 Court N.Y. Decision date 1965-05-20 English

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p. 552
The People of the State of New York, Appellant, v. Joseph Lawson, Velma Hill, Vicki Morris, Wesley Sutton, Steven Clarke and Kurt Fleisher, Respondents.
Argued April 12, 1965;
decided May 20, 1965.
p. 553
Frank S. Hogan, District Attorney (Joseph A..Phillips and H. Richard Uviller of counsel), for appellant.
Carl Rachlin, George Schiffer, Stephen M. Nagler, Marvin Karpatkin and Percy Sutton for respondents.

Order affirmed upon the opinion at the Appellate Term; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld and Bergan. Judges Van Voorhis, Burke and Scileppi dissent and vote to reverse and to reinstate the conviction of defendants upon the ground that the word “ intrude ” under section 2036 of the Penal Law includes remaining upon the premises after having been ordered lawfully to vacate (People v. Stevens, 109 N. Y. 159 ; 1 Restatement, Torts, § 77, subd. [b] ; § 158; Prosser, Torts [1st ed.], p. 89).

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