People v. Baker
Mount Vernon City Court
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
- Gooding v. WilsonSupreme Court of the United States · 1972
- Lewis v. City of New OrleansSupreme Court of the United States · 1974
- People v. PagnottaNew York Court of Appeals · 1969
- People v. DietzeNew York Court of Appeals · 1989
- People v. LibertaNew York Court of Appeals · 1984
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. StephenCriminal Court of the City of New York · 1992
- People v. KleberJustice Court of Village of Muttontown · 1996
- People v. Santiago, New York County Courts2000
- State v. LangCourt of Appeals of Oregon · 2015
- People v. SchenckBuffalo City Court · 1992