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PEOPLE v. SCHRADER

162 Misc.2d 789 (1994)

617 N.Y.S.2d 429

The People of the State of New York, Plaintiff, v. Eric Schrader, Defendant.

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

September 9, 1994

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Robert M. Baum, Lori M. Koch and Laura Johnson of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Cheryl Feldman of counsel), for plaintiff.

JOHN CATALDO, J.

Defendant is charged with one count of unlawful solicitation in the subway, a violation under Rules of the New York City Transit Authority (21 NYCRR) § 1050.6 (b) (2). He seeks dismissal of the accusatory instrument upon the ground that 21 NYCRR 1050.6 (b) (2),1 which bans all begging in the New York City transit system, is violative of freedom of speech as...

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