159 Misc. 328 | New York Court of Special Session | 1936
The offense charged is disorderly conduct in violation of section 722, subdivision 2, of the Penal Law in that defendants did “ walk up and down in front of 510 Fulton Street, this borough, carrying signs in their hands, refused to move on when ordered by deponent, obstructing the sidewalk and causing a crowd to collect.” Defendants were found guilty and each sentenced to pay a fine of five dollars or in default of payment to serve three days in jail, but the execution of the sentence was suspended.
The question considered by the magistrate was the collection of a crowd, as appears from his statement at page 57 of the minutes: “ The essence of this complaint is was there a crowd collected there as a result of the pickets. Nothing more.”
On that question the officers testified that several hundred people, variously estimated up to 700 or 800, collected within a few minutes. The attorney for one of the defendants testified that about 125 people represented the maximum that collected at any one time.
The appellants contend that the real reason for the arrest was not that defendants caused a crowd to collect, but that four pickets were in line instead of two and that the inspector had no right arbitrarily to limit the number of pickets to two. We believe that the testimony, taken as a whole, does not support this contention. The evidence shows that this was a busy thoroughfare and we are - of the opinion that while the right to picket as established
Appellants further contend that defendants were merely attempting in good faith to test a police regulation. However that may be, this motive is not controlling if in fact their acts constituted disorderly conduct. In this connection the language of the court in People v. Galpern (259 N. Y. 279, at p. 282) is pertinent: “ Failure, even though conscientious, to obey directions of a police officer, not exceeding his authority, may interfere with the public order and lead to a breach of the peace.”
We have examined the cases cited by the appellants and do not find them inconsistent with our decision herein.
Judgment of conviction affirmed.
Present ■— Kernochan, P. J., Bayes and Brady, JJ.