PEOPLE v. HORELICK


30 N.Y.2d 453 (1972)

The People of the State of New York, Respondent, v. James Horelick, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1972.


Attorney(s) appearing for the Case

Paul G. Chevigny for appellant.

Frank S. Hogan, District Attorney (Robert A. Goldschlag and Lewis R. Friedman of counsel), for respondent.

Judges BURKE, SCILEPPI and JASEN concur with Judge BREITEL; Judge BERGAN dissents and votes to reverse and dismiss the information in a separate opinion in which Chief Judge FULD and Judge GIBSON concur.


BREITEL, J.

Defendant Horelick stands convicted of criminal trespass in the second degree, a class B misdemeanor (Penal Law, § 140.10, prior to amdt. L. 1969, ch. 341) and for resisting arrest (id., § 205.30). He has been sentenced to a fine of $500 or to serve 60 days' imprisonment if the fine is not paid.

Both crimes were committed in resisting the exclusion of Horelick and other school...

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