No. 188.

399 U.S. 66 (1970)


Supreme Court of United States.

Decided June 22, 1970.

Attorney(s) appearing for the Case

William E. Hellerstein argued the cause for appellant. With him on the brief were Leon B. Polsky and Alice Daniel.

Michael R. Juviler argued the cause for appellee. With him on the brief were Frank S. Hogan, Lewis R. Friedman, and David Otis Fuller, Jr.

Louis J. Lefkowitz, Attorney General, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and Maria L. Marcus, Assistant Attorney General, filed a brief for the Attorney General of New York as amicus curiae urging affirmance.

MR. JUSTICE WHITE announced the judgment of the Court and delivered an opinion in which MR. JUSTICE BRENNAN and MR. JUSTICE MARSHALL join.

Appellant was arrested and charged with "jostling"— a Class A misdemeanor in New York, punishable by a maximum term of imprisonment of one year.1 He was brought to trial in the New York City Criminal Court. Section 40 of the New York City Criminal Court...

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