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PEOPLE v. BAKER

150 Misc.2d 713 (1991)

The People of the State of New York, Plaintiff, v. Jeffrey Baker, Defendant.

City Court of Mount Vernon, Westchester County.

April 17, 1991

Attorney(s) appearing for the Case

Guido & Skwiersky (Barry Skwiersky of counsel), for defendant. Carl A. Vergari, District Attorney (Patrick Saccocio of counsel), for plaintiff.

BRENDA L. DOWERY, J.

The issue presented here is whether subdivision (3) of the disorderly conduct statute (Penal Law § 240.20) which prohibits the use of abusive or obscene language in a public place, is unconstitutional in light of the Court of Appeals decision in People v Dietze (75 N.Y.2d 47).

The information in this case sworn out by Police Officer Ronnie Sherman alleges that the defendant committed...

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