Legal Opinion

In re John V.

New York City Family Court

Decided August 3, 2006PublishedCited by 2 opinions

1Opinion of the Court

*519OPINION OF THE COURT

W. Dennis Duggan, J.

The issue in this case is whether alleging that the respondent called a person a “faggott [sic]” and struck him in the nose sufficiently pleads the hate crime of aggravated harassment in the second degree. (Penal Law § 240.30 [3].)1 The court finds that it does not.

This case involves a claim that one 14-year-old male confronted another 14-year-old male on the street and called him a faggot and punched him in the nose.

Contrary to the respondent’s initial assertions, the court finds that the addition of the extra letter “t” at the end of “faggott,” which…

2Cases cited6 opinions

  1. Matter of Neftali D.New York Court of Appeals · 1995
  2. In re Edward B.New York Court of Appeals · 1992
  3. People v. GoreCriminal Court of the City of New York · 1989
  4. People v. PirozziAppellate Division of the Supreme Court of the State of New York · 1997
  5. In re Rey R.Appellate Division of the Supreme Court of the State of New York · 1992

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Andrews v. StateSupreme Court of Delaware · 2007
  2. Matter of John V.New York Family Court, Albany County · 2006

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