Legal Opinion

People v. Deignan

Oswego City Court

Decided November 29, 1982PublishedCited by 3 opinions

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

  1. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  2. People v. TodaroNew York Court of Appeals · 1970
  3. Budgar v. StateNew York Court of Claims · 1979
  4. People v. HarewoodAppellate Division of the Supreme Court of the State of New York · 1978
  5. People v. BendersBuffalo City Court · 1970

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3Cited by3 opinions

  1. Tobias v. County of PutnamDistrict Court, S.D. New York · 2002
  2. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. Griswald, New York County Courts1996

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