Legal Opinion

People v. Rogers

Watertown City Court

Decided January 12, 2000PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

James C. Harberson, J.

The defendant argues that Agriculture and Markets Law § 353 is unconstitutionally vague on the ground a person of common intelligence could not ascertain what conduct is proscribed by the wording of the statute; and, in particular, the use of the terms “unjustifiably” and “unjustifiable” as a means of determining criminal conduct, notwithstanding being too vague, does not refer to the defense of justification under CPL 170.35 (1) (c).

The People deny the statute is too vague to inform a person of ordinary intelligence what conduct is prohibited and…

2Cases cited11 opinions

  1. Smith v. GoguenSupreme Court of the United States · 1974
  2. Maynard v. CartwrightSupreme Court of the United States · 1988
  3. United States v. MazurieSupreme Court of the United States · 1975
  4. United States v. PowellSupreme Court of the United States · 1975
  5. People v. BrightNew York Court of Appeals · 1988

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

3Cited by7 opinions

  1. Hammer v. American Kennel ClubAppellate Division of the Supreme Court of the State of New York · 2003
  2. People v. ArroyoCriminal Court of the City of New York · 2004
  3. Davis v. StateMississippi Supreme Court · 2001
  4. People v. CurcioCriminal Court of the City of New York · 2008
  5. Hill v. StateMississippi Supreme Court · 2003

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

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