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PEOPLE v. KUNZ

300 N.Y. 273 (1949)

The People of the State of New York, Respondent, v. Carl Jacob Kunz, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1949

Attorney(s) appearing for the Case

Osmond K. Fraenkel and Mercedes Hoffman for appellant.

John P. McGrath, Corporation Counsel (Joseph J. Lucchi and Seymour B. Quel of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS and DYE, JJ., concur with DESMOND, J.; CONWAY, J., dissents in opinion; BROMLEY, J., dissents in separate opinion in which FULD, J., concurs.

DESMOND, J.

Defendant, a clergyman, was convicted and fined $10, after a trial before a New York City Magistrate, for violating section 435-7.0 of that City's Administrative Code. The material parts of that statute (which is set out in full at the beginning of Judge CONWAY's opinion in this case) may be summarized as follows:

1. It shall be unlawful in any New York City street, for anyone to collect a...

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