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PEOPLE v. SCHULTZ

301 N.Y. 495 (1950)

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

Court of Appeals of the State of New York.

Decided November 30, 1950

Attorney(s) appearing for the Case

William J. Gregg for appellant.

Clare J. Hoyt, District Attorney (Abraham Isseks of counsel), for respondent.

LOUGHRAN, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LEWIS, J.

By a judgment rendered in a Justice's Court of the Town of Deerpark, Orange County, the defendant stands convicted of disorderly conduct in violation of subdivisions 1 and 2 of section 722 of the Penal Law. Insofar as material to our inquiry that statute provides:

"Any person who with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned, commits any of...

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