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PEOPLE STATE NEW YORK v. FRANK THOMAS (12/12/68)

COURT OF APPEALS OF NEW YORK


decided: December 12, 1968.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
FRANK THOMAS, APPELLANT

Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon the following questions under the Constitution of the United States, viz.: Appellant contended that the conviction violated appellant's rights under the First and Fourteenth Amendments in that the evidence did not support the conviction, and that the disorderly conduct statute was invalid on its face and as applied to the facts of this case. The Court of Appeals held that the conviction under section 722 (subd. 2) of the former Penal Law was supported by evidence and did not result in a denial of any constitutional right of appellant. It was further held that the record alternately justified a conviction under section 722 (subd. 3) of the former Penal Law (People v. Carcel, 3 N.Y.2d 327). [See 23 N.Y.2d 659.]

Disposition

Motion to amend remittitur granted.

19681212

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