People v. Lord
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order reversed on the law, defendant’s motion to dismiss denied, information reinstated and matter remanded for all further proceedings.
The court below erred in holding that Village of Westbury Code § 168-3 (A) is unconstitutional for vagueness. The “reason-ability” and “reasonable person” standard employed in the definition of a “noise disturbance” (Village of Westbury Code § 168-2) serves to render enforcement of the ordinance more, not less, predictable, as this court recently noted (see People v O’Connell, 4 Misc 3d 54 [App Term, 9th & 10th Jud Dists 2004];…
2Cases cited3 opinions
- People v. BakolasNew York Court of Appeals · 1983
- People v. FrieSuffolk County District Court · 1996
- People v. O'ConnellAppellate Terms of the Supreme Court of New York · 2004