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PEOPLE v. BILTSTED

150 Misc.2d 872 (1991)

The People of the State of New York, Plaintiff, v. Tauno Biltsted et al., Defendants.

Criminal Court of the City of New York, New York County.

July 31, 1991

Attorney(s) appearing for the Case

Washington Square Legal Services (Holly Maguigan and Steven Zeidman of counsel), for Tauno Biltsted and others, defendants. Lisa Scolari for Steven Englander, defendant. Louis Schwartz for Csaba Puski, defendant. Elliott Cohen for Paul Shay, defendant. Daniel Scott for Randy Stokes, defendant. Robert M. Morgenthau, District Attorney (Daniel Connolly of counsel), for plaintiff.

LAURA SAFER-ESPINOZA, J.

Defendants have moved to dismiss the charges of unlawful assembly filed against each of them under Penal Law § 240.10, stemming from incidents alleged to have occurred on May 1, 1990 in Tompkins Square Park.

Defendants contend that the unlawful assembly statute is facially unconstitutional, as vague and overbroad. The fundamental concern expressed by these defendants,...

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