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PEOPLE v. SHURN

50 N.Y.2d 914 (1980)

The People of the State of New York, Appellant, v. Harry Shurn, Respondent.

Court of Appeals of the State of New York.

Decided June 12, 1980.

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Anthony Joseph Servino of counsel), for appellant.

Daniel A. O'Connor and Timothy P. Coon for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES and WACHTLER concur; Judge MEYER dissents and votes to reverse in a dissenting memorandum in which Judges JASEN and FUCHSBERG concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed for the reasons stated in the memorandum at the Appellate Division. We do not read the inclusion of the word "voluntarily" in section 215.57 of the Penal Law to eliminate the grace period, present in the predecessor statutes, which reasonably limits the scope of this nonintent crime (see Hechtman, Practice Commentaries, McKinney's Cons Laws of NY, Book 39...

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