Opinion
Argued February 11, 1965
Decided March 18, 1965
Appeal from the Supreme Court in the Second Judicial Department, JOHN DALY, J.
Robert L. Carter and Joan Franklin for appellants. William Cahn, District Attorney ( Henry P. De Vine and Martin I. Silberg of counsel), for respondent.
Judgments affirmed; no opinion.
Concur: Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Chief Judge DESMOND and Judges DYE and FULD dissent and vote to reverse and to dismiss the information upon the ground that the evidence was insufficient to warrant the conviction of defendants of the crime of disorderly conduct in violation of subdivisions 1 and 2 of section 722 of the Penal Law. ( People v. Perry, 265 N.Y. 362; People v. Chesnick, 302 N.Y. 58; People v. Carcel, 3 N.Y.2d 327.)