PEOPLE v. TOLIA


214 A.D.2d 57 (1995)

631 N.Y.S.2d 632

The People of the State of New York, Respondent, v. Kenny Tolia, Also Known as Kenneth Tolia, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

September 14, 1995


Attorney(s) appearing for the Case

William A. Loeb of counsel, New York City (Philip L. Weinstein, attorney), for appellant.

Kathleen E. Fay of counsel, New York City (Norman Barclay on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

SULLIVAN, J. P., ELLERIN, RUBIN and WILLIAMS, JJ., concur.


TOM, J.

Defendant appeals from a judgment convicting him of inciting to riot during a concert being held in Tompkins Square Park (the Park), located in the lower east side of Manhattan, which turned into a violent and tumultuous confrontation between the crowd and police.

Testimony educed at trial reveals that on April 28, 1990, a four-day concert began in the Park, which extends from 7th Street to 10th...

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