Legal Opinion

People v. Hinman

Criminal Court of the City of New York

Decided April 23, 1976Published

1Opinion of the CourtJulian Hertz, J.

The defendant has challenged the constitutionality of section 435-6.0 of the Administrative Code of the City of New York and has moved, pursuant to CPL 170.30 (subd 1) and CPL 170.35, to dismiss the complaint presently before this court.

The uncontested facts show that on November 25, 1975, the defendant, representing a minority political party, was operating a bullhorn at the intersection of 14th Street and the *686Avenue of the Americas in New York County. The defendant had not received nor applied for a permit to operate the bullhorn. A permit is required under section 43506.0 of the…

2Cases cited11 opinions

  1. Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
  2. Kovacs v. CooperSupreme Court of the United States · 1949
  3. Saia v. New YorkSupreme Court of the United States · 1948
  4. People v. LewisNew York Court of Appeals · 1945
  5. People v. LederleNew York Court of Special Session · 1954

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