People v. Pieri

Crane, Ch. J.

The appeal in these three cases challenges the constitutionality of subdivision 11 of section 722 of the Penal Law. As there appears to be some uncertainty as to the meaning of the section we must at the very beginning analyze its provisions to ascertain just what acts are made criminal. Section 722: “ Any person who with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned, commits any of the following acts shall be deemed to have committed the offense of disorderly conduct:

“ * * * Who bears an evil reputation and with an unlawful purpose…