On November 27, 1973, at approximately 4:00 A.M., a patrolman observed a group of people standing on the southeast corner of 40th Street and Eighth Avenue drinking wine and blocking the sidewalk. The patrolman directed them to disperse. The defendant, McDougall, was observed on the side of the street, neither drinking wine nor disturbing passing pedestrians. The patrolman nonetheless ordered McDougall to move and, when he failed to do so, he was arrested for disorderly conduct...
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