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PEOPLE v. BALMUTH

178 Misc.2d 958 (1998)

681 N.Y.S.2d 439

The People of the State of New York, Plaintiff, v. Mitchell Balmuth, Defendant. The People of the State of New York, Plaintiff, v. Patrick Christiano, Defendant. The People of the State of New York, Plaintiff, v. Gilbert OH, Defendant.

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

August 12, 1998

Attorney(s) appearing for the Case

Eric Greenbush, New York City (Carol Novack of counsel), for Mitchell Balmuth, defendant. Diana Heller, New York City, for Patrick Christiano, defendant. Sean Sullivan, New York City, for Gilbert Oh, defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (William Beesch and Michael Lynch of counsel), for plaintiff.

LUCY BILLINGS, J.

In each of these cases, which the court has consolidated for decision, the court is called upon to determine whether the City of New York may require permits for artists displaying and selling their art, books, or other written materials in or near a City park. This regulation of expressive activity requires an examination of the interplay among governing City statutes, the constitutional...

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