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 affirmed the County Court's dismissal, holding that the statutory clause requiring a "satisfactory explanation of his presence" does not render the loitering statute void for vagueness and is a permissible procedural condition, and that the evidence was insufficient to sustain the defendants' convictions. Justice Desmond, in a concurring opinion, disagreed on the statute's validity, arguing it is facially void for vagueness.