People v. Shurn

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed for the reasons stated in the memorandum at the Appellate Division. We do not read the inclusion of the word "voluntarily” in section 215.57 of the Penal Law to eliminate the grace period, present in the predecessor statutes, which reasonably limits the scope of this nonintent crime, (see Hechtman, Practice Commentaries, McKinney’s Cons Laws of NY, Book 39, Penal Law, § 215.56, p 536). This construction makes certain when the crime is committed rather than leaving the determination to the fortuitous event of…