Summary
In People v. Burke, 267 N.Y. 571 [ 196 N.E. 585]; affg. 243 App. Div. 83 [276 N.Y.S. 402] it was held not to be violative of section 43 of the Penal Law for defendants to sell tickets at $1.00 apiece, the purchase of which entitled the holder to participate in, or to watch, nude gymnastic exercises performed by members of both sexes.
Summary of this case from In re DavisOpinion
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.
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.