People v. O'Leary

*642OPINION OF THE COURT

James W. McCarthy, J.

The above-entitled matter comes on before this court upon a motion of the defendant by his counsel to declare Penal Law § 240.20 (3) and (7) unconstitutional in the context of this case. The defendant Dennis J. O’Leary was charged in the City of Oswego on September 19, 1991 with committing the offense of disorderly conduct in violation of Penal Law § 240.20 (3) and (7). It was alleged the defendant, "did with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof in a public place he uses abusive or obscene…