PEOPLE v. SCOPAS


11 N.Y.2d 120 (1962)

The People of the State of New York, Appellant, v. Stephen S. Scopas and Jacob Cohen, Respondents. The People of the State of New York, Appellant, v. Stephen S. Scopas, Respondent.

Court of Appeals of the State of New York.

Decided March 29, 1962.


Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Peter R. Rosenblatt of counsel), for appellant.

Sol Gelb and Harold W. Wolfram for Stephen S. Scopas, respondent.

Leon A. Rosenblum for Jacob Cohen, respondent.

Judges FULD, FROESSEL and VAN VOORHIS concur with Judge DYE; Judge BURKE dissents and votes to reverse and to reinstate the informations in an opinion in which Chief Judge DESMOND and Judge FOSTER concur.


DYE, J.

Subdivision 1 of section 487-a of the Penal Law makes it a crime for an unauthorized person or agency to "request, receive or accept any compensation * * * for placing out a child". "Placing out" is defined: "3. As used in this section the term placing out shall mean to arrange for the free care of a child in a family other than that of the child's parent * * * for the purpose of adoption...

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