Legal Opinion
People v. Weinkselbaum
Suffolk County District Court
Decided September 8, 2000PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Patrick J. Barton, J.
In this criminal action, the defendant is charged with two counts of violating Babylon Town Code §§ 213-398 and 213-397, respectively. The defendant now moves to dismiss both *890charges. The defendant claims that count 1 of the information charging a violation of section 213-398 is insufficient. Further, he claims that count 2 must be dismissed because the statute defining the offense, Babylon Town Code § 213-397, is unconstitutional. (See, CPL 170.35 [1] [a], [c].)
The People offer no opposition to the dismissal of count 1. Section 213-398 requires a…
2Cases cited7 opinions
- Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
- Heffron v. International Society for Krishna Consciousness, Inc.Supreme Court of the United States · 1981
- Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
- Town of Islip v. CavigliaNew York Court of Appeals · 1989
- Lower Manhattan Loft Tenants v. New York City Loft BoardNew York Court of Appeals · 1985
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3Cited by1 opinion
- People v. WeinkselbaumAppellate Terms of the Supreme Court of New York · 2002