New York Court of Appeals

The People of the State of New York, Appellant v. Hayward Bell, Charles Henry, Willie Young and George Gill…

November 20, 1953306 N.Y. 110

Summary

The Court of Appeals affirmed the County Court's dismissal of loitering convictions, holding that the statutory clause requiring a "satisfactory explanation of presence" is a permissible procedural condition and not void for vagueness, and that the evidence failed to prove the defendants were loitering. Justice Desmond, in a separate concurrence, argued that the clause is facially vague and renders the statute unconstitutional.