FENSTER v. LEARY


53 Misc.2d 774 (1967)

Charles Fenster, Plaintiff, v. Howard R. Leary, as Commissioner of Police of the City of New York, Defendant.

Supreme Court, Special Term, New York County.

May 4, 1967


Attorney(s) appearing for the Case

Emanuel Redfield for plaintiff. Louis J. Lefkowitz, Attorney-General (Joel Lewittes of counsel), for intervenor. J. Lee Rankin, Corporation Counsel, for defendant.


VINCENT A. LUPIANO, J.

Plaintiff moves for summary judgment. He relies on his complaint alone. He purports to say that the police believed him to be a vagrant, that he was arrested on charges of vagrancy and has quickly sustained dismissals thereof, and that subdivision 1 of section 887 of the Code of Criminal Procedure is unconstitutional. He seeks judgment declaring the statute repugnant to the United States Constitution and enjoining the defendant...

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