New York Court of Appeals, 1935

People v. Burke, Topel, Maniscalco

People v. Burke, Topel, Maniscalco
New York Court of Appeals · Decided April 30, 1935
196 N.E. 585; 267 N.Y. 571; 1935 N.Y. LEXIS 1298 (North Eastern Reporter)
People v. Burke, Topel, Maniscalco

Cases that cite this one

10 later published cases cite this decision.

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Opinion of the Court

Judgment affirmed; no opinion.

*572 Concur: Lehman, O’Brien, Crouch and Loughran, JJ. Not sitting: Finch, J. Crane, Ch. J., dissents in the following memorandum, in which Hubbs, J., concurs: Crane, Ch. J. (dissenting). For men and women to appear naked in a gymnasium, to which admittance is gained by the payment of a fee, in my judgment “ openly outrages public decency,” and is a violation of sections 43, 1140 and 1530 of the Penal Law. I dissent and vote for the affirmance of the convictions of these defendants.

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