People v. Hale

Defendant, while standing about the Shelton Square Bus Terminal in Buffalo, New York, made indecent, lewd and homosexual proposals to a police officer. Charged with “'vagrancy*’ under the Code of Criminal Procedure (§ 887, subd. 4, els. [b], [c], [d]), he was convicted in the City Court of Buffalo under clauses (b) and (c). The Supreme Court, Erie County, has reversed on the law and dismissed the information.

The sole question presented is whether the acts complained of constitute vagrancy under the statute, as charged. The relevant portions of subdivision 4 of section 887 provide: ‘ ‘ The…