Legal Opinion

People v. Moreira

Suffolk County District Court

Decided April 16, 1972PublishedCited by 7 opinions

1Opinion of the CourtLawrence Newmark, J.

This is an action for a violation of Local Law No. 2 of the Local Laws of 1970 of the Town of Smithtown, which was tried without a jury. After the commencement of the trial counts 2 and 3, which constituted all of the charges against defendants Eugenie Hergot and Anthony Monaco, were dismissed for failure to state a cause of action.

Section 245.01 of the Penal Law declares it to be a violation for a female to appear in a public place clothed in such a manner that the portion of her breast below the top of the areola is not covered by a fully opaque covering. The second sentence of the…

2Cases cited14 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  4. Goldblatt v. Town of HempsteadSupreme Court of the United States · 1962
  5. Kingsley International Pictures Corp. v. Regents of the UniversitySupreme Court of the United States · 1959

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3Cited by7 opinions

  1. Commonwealth v. SeesMassachusetts Supreme Judicial Court · 1978
  2. Bottone v. Town of WestportSupreme Court of Connecticut · 1989
  3. Gajon Bar & Grill, Inc. v. KellyCourt of Appeals for the Second Circuit · 1974
  4. Lucifer's Gate, Inc. v. Town of Van BurenNew York Supreme Court · 1975
  5. Gajon Bar & Grill, Inc. v. KellyCourt of Appeals for the Second Circuit · 1974

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