196 N.E. 585
Court of Appeals of the State of New York.Argued April 22, 1935
Decided April 30, 1935
Appeal from the Supreme Court, Appellate Division, First Department.
William Copeland Dodge, District Attorney (Philip A. Donahue of counsel), for appellant.
Ilo Orleans for Fred Topel, respondent.
Judgment affirmed; no opinion.
Page 572
Concur: LEHMAN, O’BRIEN, CROUCH and LOUGHRAN, JJ. Not sitting: FINCH, J. CRANE, Ch. J., dissents in the following memorandum, in which HUBBS, J., concurs: CRANE, Ch. J. (dissenting). For men and women to appear naked in a gymnasium, to which admittance is gained by the payment of a fee, in my judgment “openly outrages public decency,” and is a violation of sections 43, 1140 and 1530 of the Penal Law. I dissent and vote for the affirmance of the convictions of these defendants.