People v. Beltrand

Appellate Terms of the Supreme Court of New York

People v. Beltrand

67 Misc. 2d 324, 324 N.Y.S.2d 477, 1971 N.Y. Misc. LEXIS 1462

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 8, 1971

StatusPublished

Cited by8 cases

This text of 67 Misc. 2d 324 (People v. Beltrand) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Beltrand, 67 Misc. 2d 324, 324 N.Y.S.2d 477, 1971 N.Y. Misc. LEXIS 1462 (N.Y. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

There was no proof, on the preliminary hearing, of loitering by defendant for any appreciable period of time. Hence, the testimony was insufficient factually to establish the conjunctive elements of subdivision 6 of section 240.35 of the Penal Law. It is therefore unnecessary to deal with defendant’s argument that the statute is unconstitutional (People v. Schanbarger, 24 N Y 2d 288; Rescue Army v. Municipal Ct., 331 U. S. 549, 569).

The order should be affirmed.

Concur — Lupiaho, J. P., Markowitz and Gold, JJ.

Order affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI