Legal Opinion
People v. O'Connell
Appellate Terms of the Supreme Court of New York
Decided March 9, 2004PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment of conviction unanimously affirmed.
Defendant was charged by simplified information with violating Town Code of the Town of Smithtown § 207-2 (B) (2), alleging that she allowed her dogs to bark for more than 15 minutes cumulatively in the space of an hour. She was convicted after a nonjury trial and fined $50.
Defendant’s contentions on appeal that the ordinance is unconstitutionally vague as applied and that as a result the accusatory instrument is facially invalid are without merit. “Due process requires only a reasonable degree of certainty so that…
2Cases cited5 opinions
- Williams v. WilliamsNew York Court of Appeals · 1969
- People v. StuartNew York Court of Appeals · 2003
- Carr v. New York State Board of ElectionsNew York Court of Appeals · 1976
- Garcia v. City of New YorkNew York Court of Appeals · 1985
- Allstate Insurance v. LibowAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by1 opinion
- People v. LordAppellate Terms of the Supreme Court of New York · 2005