Legal Opinion
People v. Berck
New York Court of Appeals
Decided July 2, 1973PublishedCited by 68 opinions
1Opinion of the CourtBurke, J.
On this appeal brought on constitutional grounds, we are called upon to determine the validity of section 240.35 *569(subd. 6) of the New York Penal Law.1 Thus, the court is confronted with constitutional questions which go directly to the core of the matter herein. If the statute is constitutional, the evidence is sufficient to sustain the conviction.
Truly aware of the rule stated in People v. Pagnotta (25 N Y 2d 333, 337 [1969]) —that “ There is a strong presumption that a statute duly enacted by the Legislature is constitutional ” and ‘ ‘ that in order to declare a law unconstitutional, the…
2Cases cited15 opinions
- Sibron v. New YorkSupreme Court of the United States · 1968
- Thornhill v. AlabamaSupreme Court of the United States · 1940
- United States v. HarrissSupreme Court of the United States · 1954
- Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
- Davis v. MississippiSupreme Court of the United States · 1969
10 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- People v. HowardNew York Court of Appeals · 1980
- Lefkowitz v. NewsomeSupreme Court of the United States · 1975
- State v. EckerSupreme Court of Florida · 1975
- People v. StuartNew York Court of Appeals · 2003
- People v. BrightNew York Court of Appeals · 1988
63 more not listed; retrieve them via the Exa API.