People v. Price
New York Court of Appeals
1Per curiam
The order of the Appellate Terra should be reversed, and the information dismissed. Statutes punishing indecent exposure, though broadly drawn, must be carefully construed to attack the particular evil at which they are directed (Matter of Excelsior Pictures Corp. v. Regents of Univ. of State of N. Y., 3 N Y 2d 237, 244-245). Section 245.01 of the Penal Law was aimed at discouraging “ topless ” waitresses and their promoters (see Practice Commentary by Denzer and McQuillan, McKinney’s Cons. Laws of N. Y., Book 39, Penal Law, § 245.01, p. 200). It should not be applied to the noncommercial,…
2Cases cited1 opinion
- People v. UlmanAppellate Division of the Supreme Court of the State of New York · 1939
3Cited by11 opinions
- Spencer Tunick v. Howard Safir, in His Official Capacity as the Police Commissioner of the City of New York, and the City of New YorkCourt of Appeals for the Second Circuit · 2000
- People v. McNamaraNew York Court of Appeals · 1991
- People v. Darryl M.Criminal Court of the City of New York · 1984
- People v. SantorelliNew York Court of Appeals · 1992
- Commissioner of Department of Buildings v. Sidne Enterprises, Inc.New York Supreme Court · 1977
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