Legal Opinion
People v. Franqui
Criminal Court of the City of New York
Decided October 15, 2009PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Frank P. Ñervo, J.
*314Defendant moves to dismiss the accusatory instrument as facially insufficient (CPL 170.30, 170.35), on the ground that the conduct charged is constitutionally protected (US Const 1st, 14th Amends; NY Const, art I, § 8).
On consideration of the notice of motion, the affirmation in support of the motion and the affirmation in opposition, the motion is denied.
Defendant is charged with violating Administrative Code of the City of New York § 20-453, unlicensed general vending. The complaint alleges that a police officer observed defendant displaying and…
2Cases cited5 opinions
- People v. CaseyNew York Court of Appeals · 2000
- Bery v. City of New YorkCourt of Appeals for the Second Circuit · 1996
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- Mastrovincenzo v. City of New YorkCourt of Appeals for the Second Circuit · 2006
- Hamlin v. BenderNew York Supreme Court · 1915
3Cited by3 opinions
- People v. BishopCriminal Court of the City of New York · 2014
- People v. Guo BaoCriminal Court of the City of New York · 2011
- People v. AndujarCriminal Court of the City of New York · 2011