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People v. Burke, Topel, Maniscalco

Court of Appeals of the State of New York
Apr 30, 1935
267 N.Y. 571 (N.Y. 1935)

Summary

In People v. Burke, 267 N.Y. 571 [ 196 N.E. 585]; affg. 243 App. Div. 83 [276 N.Y.S. 402] it was held not to be violative of section 43 of the Penal Law for defendants to sell tickets at $1.00 apiece, the purchase of which entitled the holder to participate in, or to watch, nude gymnastic exercises performed by members of both sexes.

Summary of this case from In re Davis

Opinion

Argued April 22, 1935

Decided April 30, 1935

Appeal from the Supreme Court, Appellate Division, First Department.

William Copeland Dodge, District Attorney ( Philip A. Donahue of counsel), for appellant.

Ilo Orleans for Fred Topel, respondent.


Judgment affirmed; no opinion.

Concur: LEHMAN, O'BRIEN, CROUCH and LOUGHRAN, JJ. Not sitting: FINCH, J. CRANE, Ch. J., dissents in the following memorandum, in which HUBBS, J., concurs: CRANE, Ch. J. (dissenting). For men and women to appear naked in a gymnasium, to which admittance is gained by the payment of a fee, in my judgment "openly outrages public decency," and is a violation of sections 43, 1140 and 1530 of the Penal Law. I dissent and vote for the affirmance of the convictions of these defendants.


Summaries of

People v. Burke, Topel, Maniscalco

Court of Appeals of the State of New York
Apr 30, 1935
267 N.Y. 571 (N.Y. 1935)

In People v. Burke, 267 N.Y. 571 [ 196 N.E. 585]; affg. 243 App. Div. 83 [276 N.Y.S. 402] it was held not to be violative of section 43 of the Penal Law for defendants to sell tickets at $1.00 apiece, the purchase of which entitled the holder to participate in, or to watch, nude gymnastic exercises performed by members of both sexes.

Summary of this case from In re Davis
Case details for

People v. Burke, Topel, Maniscalco

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. VINCENT BURKE, FRED…

Court:Court of Appeals of the State of New York

Date published: Apr 30, 1935

Citations

267 N.Y. 571 (N.Y. 1935)
196 N.E. 585

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