People v. Dietze

*50OPINION OF THE COURT

Hancock, Jr., J.

Under Penal Law § 240.25 (2), the use of "abusive” language with the intent to "harass” or "annoy” another person is a violation punishable by a 15-day imprisonment. Because the statute, on its face, prohibits a substantial amount of constitutionally protected expression, and because its continued existence presents a significant risk of prosecution for the mere exercise of free speech, we hold section 240.25 (2) to be invalid for overbreadth, under both the State (art I, §8) and Federal (1st & 14th Amends) Constitutions.1 The information, to the extent…