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PEOPLE v. FIEDLER

31 N.Y.2d 176 (1972)

The People of the State of New York, Respondent, v. Leslie A. Fiedler and Margaret Fiedler, Appellants.

Court of Appeals of the State of New York.

Decided July 6, 1972.

Attorney(s) appearing for the Case

Herald Price Fahringer and Lawrence A. Schulz for appellants.

Michael F. Dillon, District Attorney (Judith Blake Manzella of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN and BREITEL concur with Judge GIBSON; Judges SCILEPPI and JASEN dissent and vote to affirm in separate opinions, in each of which the other concurs.

GIBSON, J.

The defendants appeal from an order of the County Court of Erie County which affirmed judgments of the City Court of Buffalo convicting them of violating section 1533 (subd. 2) of the former Penal Law, which penalizes one who "[o]pens or maintains a place where any narcotic drug is unlawfully used". It is clear from the record that no crime was charged or proven; and it follows that the order appealed...

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