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PEOPLE v. KOLB

14 Misc.2d 976 (1958)

The People of the State of New York, Respondent, v. John Kolb, Appellant.

County Court, Albany County.

December 30, 1958.

Attorney(s) appearing for the Case

Morris, Dillon & McHary (Ernest B. Morris of counsel), for appellant.

George N. Meyl, District Attorney (Condon A. Lyons of counsel), for respondent.

MARTIN SCHENCK, T.

This is an appeal from a judgment of the Police Court of Albany pursuant to which the defendant was adjudged guilty of disorderly conduct in violation of subdivision 2 of section 722 of the Penal Law. The pertinent part of the Penal Law in question reads as follows:

"Any person who with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned, commits...

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