People v. Bravo
This text of 85 Misc. 2d 343 (People v. Bravo) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Memorandum. Judgment of conviction affirmed.
Section 15-10 of the City Code of Newburgh is constitutional in that it imposes a criminal sanction for public behavior which can create serious health and safety hazards for defendant and the general public and offends the moral and esthetic sensibilities of a large segment of the community (Powell v Texas, 392 US 514, 532). Moreover, defendant has failed to overcome the strong presumption of constitutionality attaching to said ordinance (Matter of Stubbe v Adamson, 220 NY 459; People v Epton, 19 NY2d 496, remittitur amd on other grounds 19 NY2d 1017, cert den 390 US 29; NY Const, art IX, § 2, subd [c]; General City Law, § 20, subd 22; Municipal Home Rule Law, § 10). Additionally, the other issues raised on this appeal are without merit.
Concur: Hogan, P. J., Glickman and Farley, JJ.
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Cite This Page — Counsel Stack
85 Misc. 2d 343, 378 N.Y.S.2d 869, 1975 N.Y. Misc. LEXIS 3304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bravo-nyappterm-1975.