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PEOPLE v. MICCIO

155 Misc.2d 697 (1992)

589 N.Y.S.2d 762

The People of the State of New York, Plaintiff, v. Joseph Miccio, Joseph Iborti and Anthony Chicchetti, Defendants.

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

October 20, 1992

Attorney(s) appearing for the Case

Joel K. Dranove for Joseph Miccio, defendant. Kleon C. Andreades for Joseph Iborti, defendant. Jonathan E. Weinrich for Anthony Chicchetti, defendant. Charles J. Hynes, District Attorney of Kings County (Dianne E. Malone of counsel), for plaintiff.

JOSEPH SILVERMAN, J.

The three defendants are accused of the crimes, inter alia, of aggravated harassment in violation of section 240.30 (3) of the Penal Law and section 40-c of the Civil Rights Law.1 They move jointly to dismiss both charges on the ground that those sections violate their First Amendment right to freedom of speech. In support of their position they cite...

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