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PEOPLE v. TICHENOR

89 N.Y.2d 769 (1997)

680 N.E.2d 606

658 N.Y.S.2d 233

He People of the State of New York, Respondent, v. Noel Tichenor, Appellant.

Court of Appeals of the State of New York.

Decided May 8, 1997.

Attorney(s) appearing for the Case

Louise M. Harding, Clifton Park, for appellant.

David A. Wait, District Attorney of Saratoga County, Ballston Spa (Nicholas E. Tishler and James A. Murphy, III, of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

On this appeal, defendant challenges his affirmed conviction and the constitutionality of New York's disorderly conduct statute (Penal Law § 240.20 [3]) under the State and Federal Constitutions. This case arises out of an incident that occurred in September 1993 in front of and then inside a bar in downtown Saratoga Springs.

The evidence, viewed in the light most favorable to the People...

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