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PEOPLE v. BELL

306 N.Y. 110 (1953)

The People of the State of New York, Appellant, v. Hayward Bell, Charles Henry, Willie Young and George Gill, Respondents.

Court of Appeals of the State of New York.

Decided November 20, 1953

Attorney(s) appearing for the Case

Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for appellant.

Jawn A. Sandifer for Hayward Bell and others, respondents.

Emanuel Redfield for Charles Henry, respondent.

LEWIS, Ch. J., CONWAY, DYE and FROESSEL, JJ., concur with VAN VOORHIS, J.; DESMOND, J., concurs in separate opinion in which FULD, J., concurs.

VAN VOORHIS, J.

Defendants-respondents were convicted in the City Court of the City of Long Beach, Nassau County, of loitering in the railroad station of the Long Island Rail Road, in violation of subdivision 2 of section 1990-a of the Penal Law. This subdivision reads as follows: "Any person who loiters about any toilet, station or station platform of a subway or elevated railway or of a railroad, or who is found...

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