PEOPLE v. MEHDI


29 N.Y.2d 824 (1971)

The People of the State of New York, Respondent, v. Mohamed T. Mehdi, Ghazi Khankan and Mohamed M. Rabie, Appellants.

Court of Appeals of the State of New York.

Decided November 24, 1971.


Attorney(s) appearing for the Case

Robert W. Thabit for appellants.

Frank S. Hogan, District Attorney (David L. Levinson and Michael R. Juviler of counsel), for respondent.

Eldon V. C. Greenberg and Kay Ellen Hayes for New York Civil Liberties Union, amicus curiae.

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


MEMORANDUM.

The order of the Appellate Term should be reversed and the complaint dismissed on the ground that the evidence at the trial failed to establish, beyond a reasonable doubt, that the defendants were guilty of disorderly conduct under subdivision 7 of section 240.20 of the Penal Law; more specifically, there is absent from the record the essential quantum of proof that the defendants, "with intent to cause public...

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