1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 7 N.Y.2d
  5. 7 N.Y.2d 76 (1959)
 

PEOPLE v. PECK

7 N.Y.2d 76 (1959)

The People of the State of New York, Respondent, v. James Peck, Ralph Di Gia, George Willoughby, Hollis Wyman, Jr., Tom Rick, Robert Gilmore, Marcus Cohen, Dale Brothington, Albert Uhrie, Patricia Daw and Elizabeth Quigley, Appellants. The People of the State of New York, Respondent, v. Abraham J. Muste, Kent Larrabee, Eileen Fantino, Ralph Di Gia, Henry J. Maiden, Bayard Rustin, Helen Russell, Mary Ann McCoy, Edith Horwitz, Patricia Rusk, James Peck, Robert Fisher, Hugh Corbin, Jackson Maclow, Dale Brothington, Andrew Osgood, Michael Kovalak and Henry Babcock, Appellants.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Kenneth W. Greenawalt and Harrop Freeman for appellants.

Frank S. Hogan, District Attorney (Peter Preiser and Richard G. Denzer of counsel), for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE and FROESSEL concur in Per Curiam opinion; Judge FULD dissents in an opinion in which Judges VAN VOORHIS and BURKE concur.

Per Curiam.

We agree that it was not unconstitutional for the Legislature in section 102 of the State Defense Emergency Act (L. 1951, ch. 784, as amd.) to give jurisdiction over these misdemeanors to Magistrates' Courts in New York City (N. Y. Const., art. VI, § 18).

Appellants may constitutionally be compelled to take shelter during an air raid drill, a purely defensive measure within the class of nonaggressive...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases