PEOPLE v. DIETZE


75 N.Y.2d 47 (1989)

The People of the State of New York, Respondent, v. Jackie Dietze, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1989.


Attorney(s) appearing for the Case

Robert H. Ballan for appellant.

Charles A. Gardner, District Attorney (Jane M. Getman of counsel), for respondent.

Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and Denise A. Hartman of counsel), for intervenor.

Judges SIMONS, KAYE, ALEXANDER and TITONE concur with Judge HANCOCK, JR.; Chief Judge WACHTLER concurs in result only in a separate opinion in which Judge BELLACOSA concurs.


HANCOCK, JR., J.

Under Penal Law § 240.25 (2), the use of "abusive" language with the intent to "harass" or "annoy" another person is a violation punishable by a 15-day imprisonment. Because the statute, on its face, prohibits a substantial amount of constitutionally protected expression, and because its continued existence presents a significant risk of prosecution for the mere exercise of free speech, we...

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