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PEOPLE v. BELTRAND

67 Misc.2d 324 (1971)

The People of the State of New York, Appellant, v. Pedro Beltrand, Respondent, and Louis J. Lefkowitz, Attorney-General of the State of New York, Intervenor-Appellant.

Supreme Court, Appellate Term, First Department.

July 8, 1971

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Michael R. Juviler and Herman Kaufman of counsel), for appellant. Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Robert S. Hammer of counsel), for intervenor-appellant. Robert Kasanof and Stanley Neustadter for respondent.

Concur — LUPIANO, J. P., MARKOWITZ and GOLD, JJ.

Per Curiam.

There was no proof, on the preliminary hearing, of loitering by defendant for any appreciable period of time. Hence, the testimony was insufficient factually to establish the conjunctive elements of subdivision 6 of section 240.35 of the Penal Law. It is therefore unnecessary to deal with defendant's argument that the statute is unconstitutional (People v. Schanbarger, 24 N.Y.2d 288; Rescue Army v. Municipal...

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