Legal Opinion
People v. Cooper
Nassau County District Court
Decided July 15, 2004PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Kenneth L. Gartner, J.
*789The defendant is charged with aggravated harassment in the second degree, in violation of Penal Law § 240.30 (1), a class A misdemeanor criminal offense. The motion by the defendant to dismiss requires this court to assess the implications of two recent conflicting decisions. A decision of the United States District Court for the Southern District of New York declared that section 240.30 (1) constitutes an unconstitutional infringement of the First Amendment right to free speech (and, possibly, the Fourteenth Amendment right to due process of law). A…
2Cases cited14 opinions
- City of Houston v. HillSupreme Court of the United States · 1987
- People v. StuartNew York Court of Appeals · 2003
- People v. ShackNew York Court of Appeals · 1995
- People v. DietzeNew York Court of Appeals · 1989
- Andrew J. Schlagler v. Francis D. Phillips, Ii, District Attorney of Orange CountyCourt of Appeals for the Second Circuit · 1999
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Vives v. The City Of New YorkCourt of Appeals for the Second Circuit · 2005
- People v. HernandezCriminal Court of the City of New York · 2005
- People v. RodriguezCriminal Court of the City of New York · 2008
- Vives v. City of New YorkCourt of Appeals for the Second Circuit · 2004
- Vives v. City of New YorkCourt of Appeals for the Second Circuit · 2004