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PEOPLE v. CARCEL

3 N.Y.2d 327 (1957)

The People of the State of New York, Respondent, v. John Carcel and Lydia Collazo, Appellants.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Carl Rachlin, Conrad Lynn and John Somers for appellants.

Frank S. Hogan, District Attorney (William Rand, Jr., and Richard G. Denzer of counsel), for respondent.

William W. Cox for United Nations, amicus curiæ, in support of respondent's position.

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

BURKE, J.

Defendants were convicted of disorderly conduct (Penal Law, § 722) in the Magistrates' Court of the City of New York. Leave to appeal here has been granted by a Judge of this court from an affirmance of the conviction of the Appellate Part of the Court of Special Sessions, one Judge dissenting. The complaint, signed by the arresting officer, charged that...

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