Legal Opinion
People v. Cifarelli
Criminal Court of the City of New York
Decided September 21, 1982PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
David B. Saxe, J.
The novel issue that I must decide in this case is: May an individual whose drum playing in a residential section of Queens disturbs a neighbor be subjected, upon the neighbor’s complaint, to a criminal prosecution for harassment (Penal Law, § 240.25)?
The defendant Richard Cifarelli has studied and played the drums for more than 10 years. Though he holds other daytime employment, he considers himself primarily to be a musician. Others in the music industry regard him as a professional percussionist. He has played in several live performances as well as on…
2Cases cited5 opinions
- Incorporated Village of North Hornell v. RauberNew York Supreme Court · 1943
- Twin Elm Management Corp. v. BanksCity of New York Municipal Court · 1943
- Douglas L. Elliman & Co. v. KarlsenCivil Court of the City of New York · 1969
- People v. Cuneo Eastern Press, Inc.New York Court of Appeals · 1931
- People v. MarkovitzCriminal Court of the City of New York · 1979
3Cited by1 opinion
- Stiglianese v. ValloneCivil Court of the City of New York · 1995