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PEOPLE v. NIEKE

56 Misc.2d 363 (1968)

The People of the State of New York, Appellant, v. Theresa Marie Nieke, Respondent.

Supreme Court, Appellate Term, Second Department.

February 8, 1968

Attorney(s) appearing for the Case

Angelo J. Ingrassia, District Attorney (Jerome S. Cohen of counsel), for appellant. Ara Anooshian for respondent.

Concur — MARGETT, GULOTTA and BAKER, JJ.

Per Curiam.

In our opinion subdivision 4 of section 1897 and subdivision 5 of section 1898 of the Penal Law are not unconstitutional because of vagueness. The intent of the Legislature appears clearly therein and, accordingly, they must be construed so as to effect that intent (1 McKinney's Cons. Laws of N. Y., Statutes, §§ 92, 95, 111). The literal meaning of words may not defeat the manifest intent of a statute (Matter of Capone v. Weaver

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