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PEOPLE v. BURTON

27 N.Y.2d 198 (1970)

The People of the State of New York, Respondent, v. Emanuel Burton, Appellant.

Court of Appeals of the State of New York.

Decided November 11, 1970.

Attorney(s) appearing for the Case

Juris G. Cederbaums and Milton Adler for appellant.

Eugene Gold, District Attorney (Harry Brodbar of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur in Per Curiam opinion.

Per Curiam.

On the evening of August 3, 1968, a New York City policeman observed the defendant affixing an American flag to a vacant building in the Borough of Brooklyn. As a crowd of about 40 to 50 people looked on, the defendant proceeded to saturate the flag with lighter fluid and then ignited it, exclaiming, "I am going to burn Johnson, Humphrey and Wallace just as I am going to burn this flag." Upon being informed...

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