1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 20 N.Y.2d
  5. 20 N.Y.2d 309 (1967)
 

FENSTER v. LEARY

20 N.Y.2d 309 (1967)

Charles Fenster, Appellant, v. Howard R. Leary, as Commissioner of Police of the City of New York, Respondent; Louis J. Lefkowitz, Attorney-General of the State of New York, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Emanuel Redfield for appellant.

Louis J. Lefkowitz, Attorney-General (Joel Lewittes and Samuel A. Hirshowitz of counsel), intervenor-respondent, in his statutory capacity under section 71 of the Executive Law.

No appearance for respondent.

Chief Judge FULD and Judges BERGAN, KEATING and BREITEL concur with Judge BURKE; Judge SCILEPPI dissents and votes to affirm in a memorandum in which Judge VAN VOORHIS concurs.

BURKE, J.

On three occasions in late 1964, each about a month apart, the plaintiff, Charles Fenster, was arrested by the New York City police and charged with violation of subdivision 1 of section 887 of the Code of Criminal Procedure (New York's vagrancy statute). Fenster was charged under the language of this section with being "a person who, not having visible means to maintain himself, lives without employment...

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