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PEOPLE v. OYOLA

6 N.Y.2d 259 (1959)

The People of the State of New York, Respondent, v. Benjamin Oyola, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Henry B. Rothblatt for appellant.

Daniel V. Sullivan, District Attorney (Irving Anolik of counsel), for respondent.

Chief Judge CONWAY and Judge FROESSEL concur with Judge VAN VOORHIS, and Judge FULD concurs in his separate concurring opinion in People v. Porcaro (, 252), decided herewith; Judge BURKE dissents in an opinion in which Judge DYE concurs and in which Judge DESMOND concurs in a separate opinion.

VAN VOORHIS, J.

Appellant has been convicted in the New York City Court of Special Sessions of causing the morals of a child under 16 years of age to become depraved in violation of subdivision 1 of section 483 of the Penal Law, and of assault in the third degree in violation of subdivision 1 of section 244. Both of these misdemeanors are claimed to have been perpetrated on the daughter of appellant and his wife...

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