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PEOPLE v. CHOREMI

301 N.Y. 417 (1950)

The People of the State of New York, Respondent, v. Nancy Choremi, Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1950

Attorney(s) appearing for the Case

Theodore S. Jaffin, Lawrence S. Greenbaum and Louis W. Bookheim, Jr., for appellant.

Louis Bender for American Civil Liberties Union, amicus curiæ, in support of appellant's position.

Frank S. Hogan, District Attorney (Edwin C. Hoyt, Jr., and Whitman Knapp of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS and DESMOND, JJ., concur with FULD, J.; CONWAY, J., dissents in opinion in which DYE and FROESSEL, JJ., concur.

FULD, J.

Though there is serious doubt as to the sufficiency of the information filed against defendant (cf. People v. Zambounis, 251 N.Y. 94, 95-96; People v. Santoro, 229 N.Y. 277, 282-283; People v. Albow, 140 N.Y. 130, 134), we choose to place our decision upon the ground that there is no evidence in the record before us to establish that she is a vagrant under subdivision 4 of section...

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