Legal Opinion
Fenster v. Leary
New York Court of Appeals
Decided July 7, 1967PublishedCited by 60 opinions
1Opinion of the CourtBurke, J.
On three occasions in late 1964, each about a month apart, the plaintiff, Charles Fenster, was arrested by the New York City police and charged with violation of subdivision 1 of section 887 of the Code of Criminal Procedure (New York’s vagrancy statute). Fenster was charged under the language of this section with being “ a person who, not having visible means to maintain himself, lives without employment”. Following each arrest he was acquitted of the violation charged, but conviction on such charges would have subjected him to possible • imprisonment for up to six months. (Code Crim. Pro.,…
2Cases cited7 opinions
- Robinson v. CaliforniaSupreme Court of the United States · 1962
- Lanzetta v. New JerseySupreme Court of the United States · 1939
- Bookcase, Inc. v. BroderickNew York Court of Appeals · 1966
- People v. SohnNew York Court of Appeals · 1936
- Hicks v. District of ColumbiaDistrict of Columbia Court of Appeals · 1964
2 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Morgenthau v. ErlbaumNew York Court of Appeals · 1983
- Nino v. Gladys R.California Supreme Court · 1970
- People v. BrightNew York Court of Appeals · 1988
- Hattie Mae Ricks v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1968
- Carter v. CarterAppellate Division of the Supreme Court of the State of New York · 1977
55 more not listed; retrieve them via the Exa API.