Legal Opinion
People v. Miccio
Criminal Court of the City of New York
Decided October 20, 1992PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph Silverman, J.
The three defendants are accused of the crimes, inter alla, of aggravated harassment in violation of section 240.30 (3) of *698the Penal Law and section 40-c of the Civil Rights Law.1 They move jointly to dismiss both charges on the ground that those sections violate their First Amendment right to freedom of speech. In support of their position they cite the recent United States Supreme Court decision R.A.V. v City of St. Paul, Minn. (505 US —, 112 S Ct 2538, 120 L Ed 2d 305 [1992]).2
The accusatory instrument alleges that the three defendants, acting in…
2Cases cited6 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
- In re Quinton A.New York Court of Appeals · 1980
- People v. GrupeCriminal Court of the City of New York · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. MortimerSupreme Court of New Jersey · 1994
- State v. TalleyWashington Supreme Court · 2005
- People v. Joshua H.California Court of Appeal · 1993
- State v. VawterSupreme Court of New Jersey · 1994
- People v. PirozziAppellate Division of the Supreme Court of the State of New York · 1997
3 more not listed; retrieve them via the Exa API.