Legal Opinion
People v. Biltsted
Criminal Court of the City of New York
Decided July 31, 1991PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Laura Safer-Espinoza, J.
Defendants have moved to dismiss the charges of unlawful *873assembly filed against each of them under Penal Law § 240.10, stemming from incidents alleged to have occurred on May 1, 1990 in Tompkins Square Park.
Defendants contend that the unlawful assembly statute is facially unconstitutional, as vague and overbroad. The fundamental concern expressed by these defendants, i.e., that individuals about to exercise their rights of speech and assembly remain in doubt regarding the permissible scope of their behavior under Penal Law § 240.10, serves to…
2Cases cited26 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
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- Parker v. LevySupreme Court of the United States · 1974
- Brandenburg v. OhioSupreme Court of the United States · 1969
- United States Civil Service Commission v. National Ass'n of Letter CarriersSupreme Court of the United States · 1973
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3Cited by4 opinions
- In re Christopher M.New York City Family Court · 2010
- People v. LopezCriminal Court of the City of New York · 2003
- People v. SanchezCriminal Court of the City of New York · 2009
- People v. M.R.New York Supreme Court · 2006