MATTER OF SHORT v. LOONEY


29 N.Y.2d 578 (1971)

In the Matter of Donald T. Short, Respondent, v. Francis B. Looney, as Commissioner of Police of the County of Nassau, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 6, 1971.


Attorney(s) appearing for the Case

Joseph Jaspan, County Attorney (Bonnie Singer of counsel), for appellants.

Richard Hartman for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and GIBSON concur in memorandum; Judge JASEN dissents and votes to reverse in a separate opinion.


MEMORANDUM.

Petitioner, off duty and while operating a truck in the course of a private employment, asked two girls whether they would like to observe him indulge in an act which, at worst, and in context, could be termed indecent. Indeed, the District Attorney of the county found no facts warranting prosecution other than for harassment; but, in any event, the girls' parents declined to prosecute. Petitioner professed to...

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