People v. Fiedler

The defendants appeal from an order of the County Court of Erie County which affirmed judgments of the City Court of Buffalo convicting them of violating section 1533 (subd. 2) of the former Penal Law, which penalizes one who “ [ojpens or maintains a place where any narcotic drug is unlawfully used ”. It is clear from the record that no crime was charged or proven; and it follows that the order appealed from must be reversed and the information dismissed.

The defendant, Leslie A. Fiedler, a writer and university professor, resided with his wife, the defendant Margaret Fiedler, and their…