Legal Opinion

People v. Upshaw

Criminal Court of the City of New York

Decided March 19, 2002PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

William M. Harrington, J.

Motion to Dismiss Based upon Lack of Facial Sufficiency

It is alleged that, within days of the September 11, 2001 terrorist assault on the World Trade Center, defendant and several alleged accomplices, on 42nd Street in the vicinity of Times Square, shouted at a gathering crowd of approximately 50 people in praise of the terrorist attack and the resulting deaths of police officers, firefighters, and civilians; vehemently expressed their shared disappointment that the carnage had not been greater; and accosted people in the crowd, yelling in the…

2Cases cited10 opinions

  1. Brandenburg v. OhioSupreme Court of the United States · 1969
  2. Dennis v. United StatesSupreme Court of the United States · 1951
  3. Schenck v. United StatesSupreme Court of the United States · 1919
  4. People v. AlejandroNew York Court of Appeals · 1987
  5. People v. DumasNew York Court of Appeals · 1986

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3Cited by2 opinions

  1. People v. BurwellAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. SanchezCriminal Court of the City of New York · 2009

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