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3 N.Y.2d 327

People v. Carcel

New York Court of Appeals

Decided July 3, 1957

New York Court of Appeals · decided 1957-07-03

Good law ✅— No negative treatment on recordhow we know

Decided 1957-07-03

How this case has been cited

Cited by 52 later decisions — most recently July 2017 · most notably Drews v. State (1961), 46 Ill. 2d 12 - City of Chicago v. Fort (1970)

15 federal appellate · 16 state decisions

2101957196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Froessel, J. (dissenting).

¶1I cannot agree that there was insufficient evidence to support the conviction. Section 722 of the Penal Law provides that any person who acts ‘ ‘ in such a *334manner as to annoy, disturb, interfere with, obstruct or be offensive to others ”, whereby a breach of the peace may be occasioned, is guilty of disorderly conduct.

¶2The arresting officer testified that on a holiday — Washington’s birthday — the defendants were by their conduct in distributing leaflets “blocking the pedestrians’ right of way” and “ interfere[ing] with the pedestrians ” at the visitors’ entrance to the United Nations at the time crowds of people were going into this entrance. One of the defendants conceded that every five or ten minutes a crowd would accumulate from a bus. When the police officer asked the defendants simply to move across the street, they refused.

¶3The judgments should be affirmed.

¶4Conway, Ch. J., Desmond, Dye and Fuld, JJ., concur with Burke, J.; Froessel, J., dissents in an opinion in which Van Voorhis, J., concurs.

¶5Judgments reversed and complaint dismissed.

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