¶1Concur: 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).
28 N.Y.2d 769
People v. Hunter
Decided April 8, 1971
New York Court of Appeals · decided 1971-04-08
Decided 1971-04-08