Legal Opinion
People v. Ndiaye
Criminal Court of the City of New York
Decided October 16, 2009PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Robert M. Mandelbaum, J.
Charged with the unlicensed sale of costume jewelry on a public street, defendant contends that prosecution here violates her First Amendment right to free speech. Because New York City’s licensing scheme constitutes a reasonable time, place or manner restriction on defendant’s otherwise unfettered right to vend her merchandise, the motion to dismiss must be denied.1
L
New York City Administrative Code § 20-453 (the License Law) provides that
“[i]t shall be unlawful for any individual to act as a general vendor without having first obtained a license .…
2Cases cited17 opinions
- Ward v. Rock Against RacismSupreme Court of the United States · 1989
- Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
- Schneider v. State (Town of Irvington)Supreme Court of the United States · 1939
- Heffron v. International Society for Krishna Consciousness, Inc.Supreme Court of the United States · 1981
- City of Lakewood v. Plain Dealer Publishing Co.Supreme Court of the United States · 1988
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. HowardAppellate Terms of the Supreme Court of New York · 2014
- People v. AndujarAppellate Terms of the Supreme Court of New York · 2016
- People v. Andujar (Jose)Appellate Terms of the Supreme Court of New York · 2016
- People v. LodayCriminal Court of the City of New York · 2016
- People v. StromanCriminal Court of the City of New York · 2010