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People v. Canner

88 Misc. 2d 85, 388 N.Y.S.2d 812, 1975 N.Y. Misc. LEXIS 3373
CourtAppellate Terms of the Supreme Court of New York
DecidedJune 10, 1975
StatusPublished
Cited by6 cases

This text of 88 Misc. 2d 85 (People v. Canner) 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.

Bluebook
People v. Canner, 88 Misc. 2d 85, 388 N.Y.S.2d 812, 1975 N.Y. Misc. LEXIS 3373 (N.Y. Ct. App. 1975).

Opinion

Memorandum. Judgment of conviction unanimously reversed on the law, complaint dismissed and fine remitted.

Defendant’s conduct did not rise to the level required by the statute, since the disturbance complained of was not public, but private in nature (see Penal Law, § 240.20; People v Chesnick, 302 NY 58; People v Hill, 60 Misc 2d 277; People v Reid, 180 Misc 289). While it is true that the offense of disorderly conduct can be committed inside an apartment [86]*86house (People v Chesnick supra), only the occupants of the two apartments complained of the noise.

Concur: Groat, P. J., Pino and Rinaldi, JJ.

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Related

People v. Perkins
150 Misc. 2d 543 (Appellate Terms of the Supreme Court of New York, 1991)
People v. Munafo
406 N.E.2d 780 (New York Court of Appeals, 1980)
Dominguez v. Beame
603 F.2d 337 (Second Circuit, 1979)
Commonwealth v. Harmon
406 A.2d 775 (Superior Court of Pennsylvania, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
88 Misc. 2d 85, 388 N.Y.S.2d 812, 1975 N.Y. Misc. LEXIS 3373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-canner-nyappterm-1975.