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PEOPLE v. TURNER

48 Misc.2d 611 (1965)

The People of the State of New York, Respondent, v. William Turner, Albert Maher, Levi Laub, Richard Rhoads, Theodore Ostrow, Joyce Chadwick, Ellen Shallit, Arthur Kunis, Bruno Eckhardt, Vincent Copeland, Jeremiah Gelles, Ann Kyllingstad, Pierre Meisner, Fred Jerome, Jeremiah Teahan, Key Martin and Robert Apter, Appellants.

Supreme Court, Appellate Term, First Department.

November 11, 1965

Attorney(s) appearing for the Case

Nanette Dembitz for appellants. Frank S. Hogan, District Attorney (Raymond S. Hack of counsel), for respondent.

CAPOZZOLI, J. P., concurs with HECHT, J., in opinion; HOFSTADTER, J., dissents in opinion.

WILLIAM C. HECHT, JR., J.

The convictions all spring from a public meeting held by the so-called "May 2nd Movement", an organization formed at Yale University in March, 1964, for the purpose of protesting American involvement in the war in Viet Nam. The meeting was held in Duffy Square, an island located at the intersection of Broadway and Seventh Avenue and bounded by 46th and 47th Streets.

The prosecution...

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