Fenster v. Criminal Court of New York

Petitioner in this article 78 proceeding seeks an order prohibiting respondent court from trying him on a vagrancy charge pending before it on the ground that the law under which the prosecution was brought is on its face unconstitutional and therefore the respondent is without jurisdiction over the subject matter. Respondent cross-moves to dis*180miss the petition on objection's in point of law pursuant to the provisions of CPLR 7804 (subd. [f]).

Petitioner was arrested and charged with vagrancy under subdivision 1 of section 887 of the Code of Criminal Procedure. Said statute reads as follows:

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