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Legal Opinion

People v. Voelker

Criminal Court of the City of New York

Decided March 31, 1997PublishedCited by 9 opinions

1Opinion of the Court

*565OPINION OF THE COURT

Esther M. Morgenstern, J.

Can a defendant insulate himself from prosecution on First Amendment grounds by televising the criminal acts of decapitating three live, conscious iguanas in violation of the State’s anti-cruelty statute?1

Defendant was arrested on October 2, 1996 and charged with three counts of overdriving, torturing and injuring animals pursuant to section 353 of the Agriculture and Markets Law. These charges stem from a videotaped incident wherein defendant is alleged to have cut off the heads of three live, conscious iguanas without justification. Defendant was…

2Cases cited11 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Church of the Lukumi Babalu Aye, Inc. v. City of HialeahSupreme Court of the United States · 1993
  3. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
  4. Barnes v. Glen Theatre, Inc.Supreme Court of the United States · 1991
  5. People v. AlejandroNew York Court of Appeals · 1987

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

3Cited by9 opinions

  1. People v. LimageCriminal Court of the City of New York · 2008
  2. People v. CurcioCriminal Court of the City of New York · 2008
  3. People v. FinchNassau County District Court · 2008
  4. People v. NunezCriminal Court of the City of New York · 2012
  5. People v. JimenezAppellate Division of the Supreme Court of the State of New York · 2020

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

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