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Legal Opinion

People v. Davidson

New York Court of Appeals

Decided October 15, 2002PublishedCited by 44 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed.

Following a jury trial, defendant was convicted of loitering “in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia” (Penal Law § 240.35 [2]). He moved to set aside the verdict pursuant to CPL 330.30 (1) on the ground that Penal Law § 240.35 (2) is unconstitutional. Supreme Court granted that motion, but a divided Appellate Division reversed and reinstated the verdict. One of the two dissenting Appellate Division Justices granted leave to appeal to this Court. We now dismiss because the…

2Cases cited4 opinions

  1. People v. HinesNew York Court of Appeals · 2001
  2. People v. JenningsNew York Court of Appeals · 1986
  3. People v. ConaNew York Court of Appeals · 1979
  4. People v. LawrenceNew York Court of Appeals · 1984

3Cited by44 opinions

  1. People v. Baumann & Sons Buses, Inc.New York Court of Appeals · 2006
  2. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2008
  3. State v. MuenchAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. SchaurerAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. WoodruffAppellate Division of the Supreme Court of the State of New York · 2004

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