People v. Deignan
Oswego City Court
1Opinion of the Court
OPINION OF THE COURT
Frank M. Klinger, J.
Each of these cases present two questions of law, the first of which there is not a great deal of New York State case law concerning and the second of which there is apparently a substantial division among the lower courts of this State. The questions relate to the alleged violation of “harassment” (Penal Law, § 240.25, subd 2). First, what constitutes a public place within the meaning of section 240.00? Second, can abusive or obscene language when directed to police officers constitute the alleged violation?
*956I find that the defendant, Deignan, with…
2Cases cited16 opinions
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- People v. TodaroNew York Court of Appeals · 1970
- Budgar v. StateNew York Court of Claims · 1979
- People v. HarewoodAppellate Division of the Supreme Court of the State of New York · 1978
- People v. BendersBuffalo City Court · 1970
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3Cited by3 opinions
- Tobias v. County of PutnamDistrict Court, S.D. New York · 2002
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1999
- People v. Griswald, New York County Courts1996