PEOPLE v. MUNOZ


9 N.Y.2d 51 (1961)

The People of the State of New York, Respondent, v. Miguel A. Munoz, Appellant.

Court of Appeals of the State of New York.

Decided January 12, 1961.


Attorney(s) appearing for the Case

Harold J. Rothwax and Anthony F. Marra for appellant.

Isidore Dollinger, District Attorney (Bertram R. Gelfand of counsel), for respondent.

Nanette Dembitz for New York Civil Liberties Union, amicus curiæ.

Judges FULD, FROESSEL, BURKE and FOSTER concur with Judge VAN VOORHIS; Chief Judge DESMOND dissents in an opinion in which Judge DYE concurs.


VAN VOORHIS, J.

Appellant stands convicted of violating section 436-5.2 of the New York City Administrative Code for having had in his possession, in his right pocket, an ordinary two-bladed small pocket penknife. Appellant contends that carrying a penknife cannot be made a crime, that this section of the Administrative Code constitutes an abuse of the police power of the State and that its language renders it...

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