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PEOPLE v. HALE

8 N.Y.2d 162 (1960)

The People of the State of New York, Appellant, v. Kenneth A. Hale, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1960.

Attorney(s) appearing for the Case

Carman F. Ball, District Attorney (Joseph S. Mattina of counsel), for appellant.

John W. Condon, Jr., and Grace Marie Ange for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL and BURKE concur with Judge FOSTER; Judge VAN VOORHIS dissents and votes to affirm upon the ground that subdivision 4 of section 887 of the Code of Criminal Procedure is a general prostitution statute and, if guilty, appellant should have been convicted under subdivision 8 of section 722 of the Penal Law.

FOSTER, J.

Defendant, while standing about the Shelton Square Bus Terminal in Buffalo, New York, made indecent, lewd and homosexual proposals to a police officer. Charged with "vagrancy" under the Code of Criminal Procedure (§ 887, subd. 4, cls. [b], [c], [d]), he was convicted in the City Court of Buffalo under clauses (b) and (c). The Supreme Court, Erie County, has reversed on the law and dismissed the...

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