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PEOPLE v. LAVENDER

48 N.Y.2d 334 (1979)

The People of the State of New York, Respondent, v. Bernard Lavender, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1979.

Attorney(s) appearing for the Case

Herbert A. Lyon, Franklin C. Hyman, William M. Erlbaum, Jonathan R. Goldberg and Carol Mellor for appellant.

Eugene Gold, District Attorney (Michael J. Halberstam of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

MEYER, J.

The issues presented by this appeal are whether section B32-358.0 of the Administrative Code of the City of New York, which makes it a misdemeanor to abandon or willfully fail to perform, without justification, a home improvement contract, is unconstitutional (1) for vagueness because it fails to specify the required mental state and does not indicate what constitutes justification, or (2) because in...

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