PEOPLE v. JOHNSON


6 N.Y.2d 549 (1959)

The People of the State of New York, Respondent, v. Richard Johnson, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1959.


Attorney(s) appearing for the Case

Harry H. Kutner and James G. Blake for appellant.

Manuel W. Levine, District Attorney (Henry P. De Vine of counsel), for respondent.

Judges DESMOND, FROESSEL and BURKE concur with Judge DYE; Chief Judge CONWAY and Judge VAN VOORHIS concur with Judge DYE, each in a separate memorandum; Judge FULD dissents in an opinion.


DYE, J.

The defendant-appellant had been convicted, following a trial without a jury, of disorderly conduct in violation of section 722-b of the Penal Law. That section provides: "§ 722-b. Loitering in school buildings. Any person not the parent or legal guardian of a pupil in regular attendance at said school who loiters in or about any school building or grounds without written permission from the principal...

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