Opinion
Argued May 17, 1965
Decided May 27, 1965
Appeal from the Supreme Court, New York County, HENRY CLAY GREENBERG, J.
Paul O'Dwyer and W. Bernard Richland for appellant.
Louis J. Lefkowitz, Attorney-General ( Samuel A. Hirshowitz, George C. Mantzoros and Barry J. Lipson of counsel), in his statutory capacity under section 71 of the Executive Law, intervenor-respondent.
No appearance for remaining respondents.
Donald S. Engel for American Jewish Congress, amicus curiae.
Order affirmed, without costs. (See Matter of Camacho v. Doe, 7 N.Y.2d 762.)
Concur: Judges DYE, VAN VOORHIS, SCILEPPI and BERGAN. Chief Judge DESMOND dissents and votes to reverse in the following memorandum in which Judges FULD and BURKE concur.
I dissent and vote to reverse and to grant the prayer of the petition. Denial of voting rights to this competent, intelligent and reasonably well-educated and informed native-born American citizen, simply because she is unable to meet New York State's literacy-in-English requirements, is unreasonable and unconstitutionally discriminatory particularly since, by reason of the effective date of the literacy amendment to section 1 of article II of the State Constitution and the exceptions in section 168 of the Election Law, many persons are allowed to vote regardless of literacy.
Order affirmed.