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People v. Lawson

Court of Appeals of the State of New York
May 20, 1965
16 N.Y.2d 552 (N.Y. 1965)

Opinion

Argued April 12, 1965

Decided May 20, 1965

Appeal from the Supreme Court in the First Judicial Department, FRANCIS X. O'BRIEN, P.J., and BENJAMIN GASSMAN, J., KENNETH PHIPPS, J., T. VINCENT QUINN, P.J., WALTER J. BAYER and BENJAMIN GASSMAN, JJ.

Frank S. Hogan, District Attorney ( Joseph A. Phillips and H. Richard Uviller of counsel), for appellant.

Carl Rachlin, George Schiffer, Stephen M. Nagler, Marvin Karpatkin and Percy Sutton for respondents.


Order affirmed upon the opinion at the Appellate Term; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD and BERGAN. Judges VAN VOORHIS, BURKE and SCILEPPI dissent and vote to reverse and to reinstate the conviction of defendants upon the ground that the word "intrude" under section 2036 of the Penal Law includes remaining upon the premises after having been ordered lawfully to vacate ( People v. Stevens, 109 N.Y. 159; 1 Restatement, Torts, § 77, subd. [b]; § 158; Prosser, Torts [1st ed.], p. 89).


Summaries of

People v. Lawson

Court of Appeals of the State of New York
May 20, 1965
16 N.Y.2d 552 (N.Y. 1965)
Case details for

People v. Lawson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSEPH LAWSON, VELMA…

Court:Court of Appeals of the State of New York

Date published: May 20, 1965

Citations

16 N.Y.2d 552 (N.Y. 1965)
260 N.Y.S.2d 661
208 N.E.2d 466

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