Legal Opinion

People v. Baker

Mount Vernon City Court

Decided April 17, 1991PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Brenda L. Dowery, J.

The issue presented here is whether subdivision (3) of the disorderly conduct statute (Penal Law § 240.20) which prohibits the use of abusive or obscene language in a public place, is unconstitutional in light of the Court of Appeals decision in People v Dietze (75 NY2d 47).

The information in this case sworn out by Police Officer Ronnie Sherman alleges that the defendant committed the offenses of disorderly conduct (Penal Law § 240.20 [3]) and *714resisting arrest (Penal Law § 205.30). The factual portion of the information relating to the disorderly…

2Cases cited11 opinions

  1. Gooding v. WilsonSupreme Court of the United States · 1972
  2. Lewis v. City of New OrleansSupreme Court of the United States · 1974
  3. People v. PagnottaNew York Court of Appeals · 1969
  4. People v. DietzeNew York Court of Appeals · 1989
  5. People v. LibertaNew York Court of Appeals · 1984

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. StephenCriminal Court of the City of New York · 1992
  2. People v. KleberJustice Court of Village of Muttontown · 1996
  3. People v. Santiago, New York County Courts2000
  4. State v. LangCourt of Appeals of Oregon · 2015
  5. People v. SchenckBuffalo City Court · 1992

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