Legal Opinion

People v. M.R.

New York Supreme Court

Decided April 20, 2006Published

1Opinion of the Court

OPINION OF THE COURT

Ellen Gesmer, J.

The defendant is charged with one count of unlawful assembly and one count of disorderly conduct, for gathering with others in a public park. Defendant moves to dismiss the misdemeanor information for facial insufficiency and for various other relief. In response, the People contend that the information is sufficient in all respects and oppose defendant’s motion. For the reasons set forth below, this court grants the defendant’s motion to dismiss both counts of the accusatory instrument on the ground of facial insufficiency.

Facial sufficiency is a…

2Cases cited24 opinions

  1. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  2. Brandenburg v. OhioSupreme Court of the United States · 1969
  3. City of Chicago v. MoralesSupreme Court of the United States · 1999
  4. Coates v. City of CincinnatiSupreme Court of the United States · 1971
  5. Virginia v. BlackSupreme Court of the United States · 2003

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