Legal Opinion

People v. Schaum

Appellate Terms of the Supreme Court of New York

Decided December 2, 2005Published

1Opinion of the Court

*95OPINION OF THE COURT

Memorandum.

Appeal unanimously dismissed.

Defendant was charged with a violation of Islip Town Code § 35-3 (D) which prohibits engines from creating noise disturbances. After a trial, the court granted one branch of defendant’s posttrial motion and dismissed the case. Although the People’s appeal was dismissed by this court (People v Schaum, 2001 NY Slip Op 40426[U] [App Term, 9th & 10th Jud Dists 2001]), the Court of Appeals reversed and remitted the case to this court for further proceedings (People v Schaum, 98 NY2d 667 [2002]). Upon remittal, this court reversed the…

2Cases cited10 opinions

  1. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  2. People v. LaingNew York Court of Appeals · 1992
  3. People v. SantosNew York Court of Appeals · 1984
  4. People v. DunnNew York Court of Appeals · 2005
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1984

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