Legal Opinion

People v. Schenck

Buffalo City Court

Decided June 16, 1992PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Michael L. Broderick, J.

The defense has brought this motion to dismiss the accusatory instrument filed against defendant Robert Schenck pursuant to CPL 100.40 and 170.35 on the grounds that the instrument is facially insufficient. The defense also moves to dismiss the information on the basis that the charge brought against the defendant was unconstitutionally applied so as to abridge his rights of free speech and assembly, and that it also violated his right to equal protection of the laws.

With respect to the argument addressing the sufficiency of the information, the…

2Cases cited24 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Kolender v. LawsonSupreme Court of the United States · 1983
  4. Cox v. LouisianaSupreme Court of the United States · 1965
  5. Heffron v. International Society for Krishna Consciousness, Inc.Supreme Court of the United States · 1981

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3Cited by1 opinion

  1. State v. LangCourt of Appeals of Oregon · 2015

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