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PEOPLE v. VOGLER

90 Misc.2d 709 (1977)

The People of the State of New York, Plaintiff, v. Peter M. Vogler, Defendant.

Town Court of Town of Dewitt, Onondaga County.

March 22, 1977

Attorney(s) appearing for the Case

Richard A. Hennessy, District Attorney (James L. Sonneborn of counsel), for plaintiff. Walter L. Meagher, Jr., for defendant.

JACK SCHULTZ, J.

I

The basic issue before this court is whether or not the Federal Government by its regulation of radio communications and use of citizens' band radios has pre-empted the pertinent statutes of the State of New York.

The defendant, Peter M. Vogler, is charged with repeatedly using profane and obscene language on a citizens' band radio. A complaining witness, also a citizens' band operator, requested the defendant to stop...

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