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PEOPLE v. BERCK

32 N.Y.2d 567 (1973)

The People of the State of New York, Respondent, v. Alan Berck, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1973.

Attorney(s) appearing for the Case

Paul G. Chevigny and Robert B. Hemley for appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

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

BURKE, J.

On this appeal brought on constitutional grounds, we are called upon to determine the validity of section 240.35 (subd. 6) of the New York Penal Law.1 Thus, the court is confronted with constitutional questions which go directly to the core of the matter herein. If the statute is constitutional, the evidence is sufficient to sustain...

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