New York Court of Appeals
Charles Fenster v. Howard R. Leary, as Commissioner of Police of the City of New York, Respondent Louis J…
July 7, 196720 N.Y.2d 309
Summary
The New York Court of Appeals held that subdivision 1 of section 887 of the Code of Criminal Procedure is unconstitutional because it violates due process by overreaching the police power and lacking a reasonable relationship to public safety. The court reversed the lower court’s judgment and entered judgment for the plaintiff. Justice Scileppi dissented, arguing the statute should be upheld.