Legal Opinion

People v. Barton

New York Court of Appeals

Decided December 19, 2006PublishedCited by 17 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Read, J.

On August 4, 2004, defendant Michael Barton was ticketed for violating section 44-4 (H) of the Code of the City of Rochester when he allegedly waded into traffic on a highway exit ramp in downtown Rochester, soliciting money from motorists. Section 44-4 of the Code addresses aggressive panhandling, and subsection (H) specifies that “[n]o person on a sidewalk or alongside a roadway shall solicit from any occupant of a motor vehicle that is on a street or other public place.” The Code defines “solicit” as “the spoken, written, or printed word or such other acts or…

2Cases cited10 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  3. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  4. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  5. City of Houston v. HillSupreme Court of the United States · 1987

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3Cited by17 opinions

  1. The People v. Marquan M. / County of AlbanyNew York Court of Appeals · 2014
  2. Board of Trustees of The Vil. of Groton v. PirroAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. HoffsteadAppellate Terms of the Supreme Court of New York · 2010
  4. People v. NdiayeCriminal Court of the City of New York · 2009
  5. State v. BoehlerCourt of Appeals of Arizona · 2011

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