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PEOPLE v. MIGHTY

142 Misc.2d 37 (1988)

The People of the State of New York, Plaintiff, v. Lincoln Mighty, Defendant.

City Court of Rochester.

December 15, 1988

Attorney(s) appearing for the Case

Robert B. Gitlin for defendant. Howard R. Relin, District Attorney (Alecia A. LaCapruccia of counsel), for plaintiff.

HERMAN J. WALZ, J.

Defendant is charged with inciting to riot (Penal Law § 240.08) as the result of an incident which took place during a party at his home.

Under the statute a person is guilty of inciting to riot "when he urges ten or more persons to engage in tumultuous and violent conduct of a kind likely to create public alarm." Defendant contends that the conduct charged does not constitute...

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