Legal Opinion

People v. Stroman

Criminal Court of the City of New York

Decided September 30, 2010Published

1Opinion of the Court

OPINION OF THE COURT

Felicia A. Mennin, J.

The defendant, Nathaniel Stroman, is charged with aggressive begging in a public place (Administrative Code of City of NY § 10-136 [b] [1]). He moves for an order dismissing the accusatory instrument pursuant to Criminal Procedure Law § 170.30 (1) (a) and § 170.35 (1) (c) as brought under a statute which is unconstitutionally void for vagueness and overbreadth and for other relief addressed below.

Constitutional Challenge

The self-authenticating complaint presents, in pertinent part, the following factual allegations:

“On May 19, 2010, between 12:00 hours…

2Cases cited7 opinions

  1. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  2. Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
  3. Village of Schaumburg v. Citizens for a Better EnvironmentSupreme Court of the United States · 1980
  4. Mastrovincenzo v. City of New YorkCourt of Appeals for the Second Circuit · 2006
  5. People v. BartonNew York Court of Appeals · 2006

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