Legal Opinion
People v. Bright
New York Court of Appeals
Decided February 17, 1988PublishedCited by 108 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
The issue presented on these two appeals is whether Penal Law § 240.35 (7), which provides that "[a] person is guilty of loitering when he * * * [ljoiters or remains in any transportation facility, or is found sleeping therein, and is unable to give a satisfactory explanation of his presence”, is *379constitutional. We hold that this statute is unconstitutionally vague under the Due Process Clauses of the Federal and State Constitutions because it fails to give fair notice to the ordinary citizen that the prohibited conduct is illegal, it lacks minimal legislative…
2Cases cited32 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Kolender v. LawsonSupreme Court of the United States · 1983
- Thornhill v. AlabamaSupreme Court of the United States · 1940
- Olmstead v. United StatesSupreme Court of the United States · 1928
27 more not listed; retrieve them via the Exa API.
3Cited by108 opinions
- People v. StuartNew York Court of Appeals · 2003
- People v. ShackNew York Court of Appeals · 1995
- People v. DietzeNew York Court of Appeals · 1989
- People v. First Meridian Planning Corp.New York Court of Appeals · 1995
- People v. FoleyNew York Court of Appeals · 2000
103 more not listed; retrieve them via the Exa API.