People v. Cannon

New York Court of Appeals

People v. Cannon

205 N.E.2d 534, 15 N.Y.2d 772, 257 N.Y.S.2d 341, 1965 N.Y. LEXIS 1629

DecidedFebruary 4, 1965

StatusPublished

This text of 205 N.E.2d 534 (People v. Cannon) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cannon, 205 N.E.2d 534, 15 N.Y.2d 772, 257 N.Y.S.2d 341, 1965 N.Y. LEXIS 1629 (N.Y. 1965).

Pincite

Opinion

Judgment reversed and information dismissed upon the sole ground that the facts alleged in this information would not, if proven, make out a violation of section 887-a of the Code of Criminal Procedure and, therefore, defendant’s conviction on his plea of guilty was a nullity. Asking a motorist for a ride is not the kind of “ begging ” or “ soliciting alms ” which is prohibited by the section and, without that allegation, the information charged no more than that defendant, being without employment, was on the highway. We do not reach or decide the questions argued as to the constitutionality of “ tramp statutes ” generally or section 887-a in particular.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voobhis, Btjbke, Scileppi and Bebgan.

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Judgment reversed and information dismissed upon the sole ground that the facts alleged in this information would not, if proven, make out a violation of section 887-a of the Code of Criminal Procedure and, therefore, defendant’s conviction on his plea of guilty was a nullity. Asking a motorist for a ride is not the kind of “ begging ” or “ soliciting alms ” which is prohibited by the section and, without that allegation, the information charged no more than that defendant, being without employment, was on the highway. We do not reach or decide the questions argued as to the constitutionality of “ tramp statutes ” generally or section 887-a in particular.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voobhis, Btjbke, Scileppi and Bebgan.

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Bluebook (online)

205 N.E.2d 534, 15 N.Y.2d 772, 257 N.Y.S.2d 341, 1965 N.Y. LEXIS 1629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cannon-ny-1965.