Legal Opinion
People v. Tolia
Appellate Division of the Supreme Court of the State of New York
Decided September 14, 1995PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Tom, J.
Defendant appeals from a judgment convicting him of inciting to riot during a concert being held in Tompkins Square Park (the Park), located in the lower east side of Manhattan, which turned into a violent and tumultuous confrontation between the crowd and police.
Testimony educed at trial reveals that on April 28, 1990, a four-day concert began in the Park, which extends from 7th Street to 10th Street between Avenues A and B. A band shell is located on the 7th Street side of the Park facing north, in front of which is a concrete area 50 to 70 feet wide containing…
2Cases cited17 opinions
- Texas v. JohnsonSupreme Court of the United States · 1989
- Brandenburg v. OhioSupreme Court of the United States · 1969
- Dennis v. United StatesSupreme Court of the United States · 1951
- Schenck v. United StatesSupreme Court of the United States · 1919
- People v. MaliziaNew York Court of Appeals · 1984
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3Cited by5 opinions
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 1999
- People v. UpshawCriminal Court of the City of New York · 2002
- In re Shubin B.Appellate Division of the Supreme Court of the State of New York · 2004
- People v. SanchezCriminal Court of the City of New York · 2009
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 1999