Anonymous v. City of Rochester

Graffeo, J. (concurring).

I vote to affirm because I conclude that the City of Rochester’s juvenile curfew ordinance must be invalidated since the law conflicts, in part, with the Family Court Act. I further believe that the objectionable portion of the curfew law cannot be severed from the remainder of the ordinance and, consequently, the ordinance is invalid in its entirety.

Rochester’s juvenile curfew ordinance specifies that children under the age of 17 cannot be in a public place between 11:00 p.m. and 5:00 a.m. Sunday through Thursday and from 12:00 a.m. to 5:00 a.m. on Friday and…