PEOPLE v. EVANS


19 Misc.2d 1071 (1959)

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

Court of Special Sessions of the City of New York, Appellate Part, Second Department.

October 27, 1959.


Attorney(s) appearing for the Case

Fred Newman for appellant.

Frank D. O'Connor, District Attorney (Howard D. Stave of counsel), for respondent.

DUNAIF, J., concurs; RINGEL, J., concurs in result with separate opinion.


BENJAMIN GASSMAN, J.

The defendant was convicted of disorderly conduct (Penal Law, § 722, subd. 8). The Police Officer testified that he observed the defendant for 45 minutes while the latter was seated in a pay booth of the men's room in the Long Island Bus Terminal. The officer then entered the adjoining booth and sat down. The two booths were separated by a solid partition which extended down to about 12 or 13 inches from the

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