People v. Hollman

OPINION OF THE COURT

Titone, J.

Defendant was twice arrested and charged under Penal Law § 245.01 (unlawful exposure) for sunbathing nude on the beach at Riis Park, Bay 1, in Queens County.1 He contests his ensuing convictions on several constitutional grounds: violation of his right to freedom of expression, the statute’s over-breadth, and deprivation of a fundamental right. We conclude that defendant’s Federal and State2 constitutional rights have not been violated.

I

Over a period of years, Riis Park, Bay 1, had informally come to be known as a "clothes optional” beach. The police had received…