PEOPLE v. WINGARD


33 N.Y.2d 192 (1973)

The People of the State of New York, Respondent, v. Steven Wingard, Earl Holmes, Larry G. Pullins, Harwyn Louie, Charles Waits, Bobby Higgs, Henry Shaw, Paul B. Jackson, Donald Vaughn and George Freeman, Appellants.

Court of Appeals of the State of New York.

Decided November 15, 1973.


Attorney(s) appearing for the Case

Herald Price Fahringer, Michael J. Brown and Paul J. Cambria, Jr. for appellants.

Anthony Manguso, Corporation Counsel (Louis N. Blatt of counsel), for respondent.

Judges BURKE, JONES and WACHTLER concur with Chief Judge FULD; Judge BREITEL dissents and votes to dismiss the appeal in a separate opinion in which Judges JASEN and GABRIELLI concur.


Chief Judge FULD.

On the evening of April 4, 1972, the defendants, 10 teenagers, were arrested and charged with disorderly conduct, a violation, for engaging in a fight which "resulted in traffic being stopped" on Main Street in Buffalo (Penal Law, § 240.20, subd. 1). Following their arraignment in the city court, the cases were set down for trial. On April 11, the day before the scheduled trial, a representative...

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