Legal Opinion

The People v. Harvert Stephens, Also Known as Havert Stephens

New York Court of Appeals

Decided November 21, 2016No. 171PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Garcia, J.

This case calls upon us to determine the constitutionality of Syracuse Noise Control Ordinance (Revised General Ordinances of City of Syracuse) § 40-16 (b) (Sound reproduction) (hereinafter Syracuse Noise Ordinance), which prohibits the creation of “unnecessary noise” emanating beyond 50 feet from a motor vehicle operated on a public highway. Specifically, we are asked whether this section is unconstitutional pursuant to our decision in People v New York Trap Rock Corp. (57 NY2d 371 [1982]). For the reasons stated below, we conclude that the statute does not…

2Cases cited11 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. United States v. HarrissSupreme Court of the United States · 1954
  3. People v. CruzNew York Court of Appeals · 1979
  4. People v. StuartNew York Court of Appeals · 2003
  5. People v. BrightNew York Court of Appeals · 1988

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3Cited by11 opinions

  1. Arash Real Estate & Management Co. v. New York City Department of Consumer AffairsAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of 101 Park Ave. Assoc. II, LLC v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  3. Matter of 101 Park Ave. Assoc. II, LLC v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  4. Matter of 20 W. Props. LLC v. BanksAppellate Division of the Supreme Court of the State of New York · 2020
  5. Matter of 20 W. Props. LLC v. BanksAppellate Division of the Supreme Court of the State of New York · 2020

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