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Legal Opinion

People v. Mighty

City of New York Municipal Court

Decided December 15, 1988PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Herman J. Walz, J.

Defendant is charged with inciting to riot (Penal Law § 240.08) as the result of an incident which took place during a party at his home.

Under the statute a person is guilty of inciting to riot "when he urges ten or more persons to engage in tumultuous and violent conduct of a kind likely to create public alarm.” *38Defendant contends that the conduct charged does not constitute inciting to riot as a matter of law.

Rochester City Police went to defendant’s home at 3:00 a.m. in response to complaints of noise and loud music. There they discovered that…

2Cases cited8 opinions

  1. Brandenburg v. OhioSupreme Court of the United States · 1969
  2. Dennis v. United StatesSupreme Court of the United States · 1951
  3. Terminiello v. ChicagoSupreme Court of the United States · 1949
  4. Schenck v. United StatesSupreme Court of the United States · 1919
  5. Gitlow v. New YorkSupreme Court of the United States · 1925

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. People v. StephenCriminal Court of the City of New York · 1992
  2. People v. UpshawCriminal Court of the City of New York · 2002

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