PEOPLE v. EPTON


19 N.Y.2d 496 (1967)

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

Court of Appeals of the State of New York.

Decided May 16, 1967.


Attorney(s) appearing for the Case

Eleanor Jackson Piel and Sanford M. Katz for appellant.

Frank S. Hogan, District Attorney (Milton M. Stein and Michael Juviler of counsel), for respondent.

Henry Winestine and Osmond K. Fraenkel for New York Civil Liberties Union, amicus curiæ.

Chief Judge FULD and Judges VAN VOORHIS, BERGAN and KEATING concur with Judge SCILEPPI; Judge BURKE dissents, in part, in a separate opinion and votes to modify as to two counts in the indictment; Judge BREITEL taking no part.


SCILEPPI, J.

The defendant, William Epton, has been found guilty on three counts of a four-count indictment. After a trial with a jury in the Supreme Court, New York County, he was convicted of conspiracy to riot (Penal Law, §§ 580, 2090), conspiracy to commit the crime of advocacy of criminal anarchy (Penal Law, §§ 160, 161, 580), and advocacy of...

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