Cardona v. Power, 16 N.Y.2d 639

Cardona v. Power

16 N.Y.2d 639 | NY | 1965

Dissenting Opinion

Chief Judge Desmond (dissenting).

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 *641discriminatory 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.

Lead Opinion

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.