People v. Evans

• Decision Date: 21 January 1960
• Citation: 197 N.Y.S.2d 726,7 N.Y.2d 923
• Parties: , 165 N.E.2d 572 PEOPLE, Appellant, v. John EVANS, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 726

197 N.Y.S.2d 726

7 N.Y.2d 923, 165 N.E.2d 572

PEOPLE, Appellant, v. John EVANS, Respondent.

Court of Appeals of New York.

Jan. 21, 1960.

Appeal from Court of Special Sessions of the City of New York, Appellate Part, Second Department, 19 Misc.2d 1071, 192 N.Y.S.2d 144.

Defendant was convicted under Subdivision 8 of Section 722 of the Penal Law, Consol.Laws, c. 40, making one guilty of disorderly conduct who frequents or loiters about any public place soliciting men for purpose of committing a crime against nature or other lewdness. Judgment was entered, and the defendant appealed.

The Court of Special Sessions of the City of New York, Appellate Part, Second Department, Benjamin Gassman, P. J., reversed the judgment, dismissed the complaint, ordered that fine be remitted, and held that evidence was insufficient to show that defendant entertained any intent to breach the peace when defendant allegedly solicited police officer in men's room in bus terminal.

The People of the State of New York appealed to the Court of Appeals, and motion was made in the Court of Appeals for enlargement of time.

Motion for enlargement of time granted and the case set down for argument during the February, 1960, session of this Court.