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People v. Beltrand

Supreme Court, Appellate Term, First Department
Jul 8, 1971
67 Misc. 2d 324 (N.Y. App. Term 1971)

Opinion

July 8, 1971

Appeal from the Criminal Court of the City of New York, County of New York, ALFRED H. KLEIMAN, J.

Frank S. Hogan, District Attorney ( Michael R. Juviler and Herman Kaufman of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General ( Samuel A. Hirshowitz and Robert S. Hammer of counsel), for intervenor-appellant.

Robert Kasanof and Stanley Neustadter for respondent.


There was no proof, on the preliminary hearing, of loitering by defendant for any appreciable period of time. Hence, the testimony was insufficient factually to establish the conjunctive elements of subdivision 6 of section 240.35 Penal of the Penal Law. It is therefore unnecessary to deal with defendant's argument that the statute is unconstitutional ( People v. Schanbarger, 24 N.Y.2d 288; Rescue Army v. Municipal Ct., 331 U.S. 549, 569).

The order should be affirmed.

Concur — LUPIANO, J.P., MARKOWITZ and GOLD, JJ.

Order affirmed.


Summaries of

People v. Beltrand

Supreme Court, Appellate Term, First Department
Jul 8, 1971
67 Misc. 2d 324 (N.Y. App. Term 1971)
Case details for

People v. Beltrand

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PEDRO BELTRAND…

Court:Supreme Court, Appellate Term, First Department

Date published: Jul 8, 1971

Citations

67 Misc. 2d 324 (N.Y. App. Term 1971)
324 N.Y.S.2d 477

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