People v. Hunter — 28 N.Y.2d 769

Majority

p. 769

The People of the State of New York, Respondent, v. James Hunter, Appellant.

Argued March 3, 1971;

decided April 8, 1971.

p. 770

Joel Berger and Milton Adler for appellant.

Thomas J. Mackell, District Attorney (Kenneth Boss Wolfe of counsel), for respondent.

Concur: Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld dissents and votes to modify and dismiss the charge of loitering upon the ground that the evidence does not establish the violation of loitering within the applicable statute (Penal Law, § 240.35, subd. 7).