PEOPLE v. ALLEN


22 N.Y.2d 465 (1968)

The People of the State of New York, Respondent, v. John Allen, Appellant. The People of the State of New York, Respondent, v. John Fuller, Appellant. The People of the State of New York, Respondent, v. Joan Klein, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1968.


Attorney(s) appearing for the Case

Leon B. Polsky and Anthony F. Marra for appellant in the first above-entitled action.

Aaron E. Koota, District Attorney (Raymond J. Scanlan and Harry Brodbar of counsel), for respondent in the first above-entitled action.

Leon B. Polsky and Anthony F. Marra for appellant in the second above-entitled action.

Aaron E. Koota, District Attorney (Raymond J. Scanlan and Harry Brodbar of counsel), for respondent in the second above-entitled action.

Leon B. Polsky and Anthony F. Marra for appellant in the third above-entitled action.

Aaron E. Koota, District Attorney (Harry Brodbar of counsel), for respondent in the third above-entitled action.

In People v. Fuller and People v. Klein: Chief Judge FULD and Judges BURKE, KEATING, BREITEL and JASEN concur with Judge BERGAN; Judge SCILEPPI dissents and votes to affirm in a separate opinion.


BERGAN, J.

These three cases, heard together although differing in details, have a common question: What constitutes moral depravity or the "danger of becoming morally depraved" within the wayward minor provisions of subdivisions (5) and (6) of section 913-a of the Code of Criminal Procedure?

Appellants attack the constitutionality of the statute for vagueness and for opening the possibility of conviction...

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