PEOPLE v. ARCHIBALD


58 Misc.2d 862 (1968)

The People of the State of New York, Respondent, v. Mauricio Archibald, Appellant.

Supreme Court, Appellate Term, First Department.

October 18, 1968


Attorney(s) appearing for the Case

Anthony F. Marra and Julia P. Heit for appellant. Frank S. Hogan, District Attorney (Robert D. MacLachlan, Jr., of counsel), for respondent.

STREIT and HOFSTADTER, JJ., concur in Per Curiam opinion; MARKOWITZ, J., dissents and votes to set aside the conviction and dismiss the complaint, in dissenting opinion.


Per Curiam.

The defendant was convicted, after a trial, of the offense of vagrancy (Code Crim. Pro., § 887, subd. 7 — impersonating a female). The statute provides that one is a vagrant "who * * * [has] his face painted, discolored, covered or concealed, or being otherwise disguised, in a manner calculated to prevent his being identified".

At trial the officer testified that, while patrolling a subway station platform at 4:00 A.M., he observed...

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