Summary
In People v. Gillespi (App. Term, 1st Dept., March 1964, No. 350, affd. 15 N.Y.2d 529) and People v. Johnson (App. Term, 1st Dept., March, 1964, No. 351, affd. 15 N.Y.2d 529), the precise contentions were raised and were rejected by the Court of Appeals.
Summary of this case from People v. ArchibaldOpinion
Argued October 7, 1964
Decided October 15, 1964
Appeal from the Supreme Court in the First Judicial Department, SAMUEL J. OHRINGER, J.
Joseph Alan Kaplan and Anthony F. Marra for appellants.
Frank S. Hogan, District Attorney ( Eric A. Seiff and H. Richard Uviller of counsel), for respondent.
Judgments affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and SCILEPPI. Judges FULD and BERGAN dissent and vote to reverse (1) upon the ground that subdivision 7 of section 887 of the Code of Criminal Procedure violates the due process clause of the Fourteenth Amendment of the Federal Constitution because of its vagueness and indefiniteness, and (2) upon the further ground that, in any event, the acts charged against defendants are not encompassed within the design or meaning of the statute.