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PEOPLE v. DIBBLE

49 Misc.2d 545 (1966)

The People of the State of New York, Respondent, v. William H. Dibble, Appellant.

County Court, Herkimer County.

January 20, 1966

Attorney(s) appearing for the Case

Philip D. O'Donnell for appellant. Albert W. Schneider, District Attorney (Henry Blumberg of counsel), for respondent.

EDMUND A. McCARTHY, J.

This is an appeal from a conviction on a charge of violating subdivision 4 of section 887 of the Code of Criminal Procedure of the State of New York, in which the defendant was charged with being a vagrant, and upon which conviction he was sentenced to Elmira Reception Center for an indeterminate term.

In the affidavit of errors, the constitutionality of sections 887 and 891-a of the Code of Criminal Procedure is challenged...

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