PEOPLE v. ROGERS


183 Misc.2d 538 (2000)

703 N.Y.S.2d 891

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RALPH ROGERS, Defendant.

City Court of Watertown.

January 12, 2000.


Attorney(s) appearing for the Case

David Renzi, Public Defender of Jefferson County, Watertown (William Galvin of counsel), for defendant.

Cindy F. Intschert, District Attorney of Jefferson County, Watertown (Julie Vales of counsel), and Eliot Spitzer, Attorney General, Watertown (James P. O'Rourke of counsel), for plaintiff.


OPINION OF THE COURT

JAMES C. HARBERSON, J.

The defendant argues that Agriculture and Markets Law § 353 is unconstitutionally vague on the ground a person of common intelligence could not ascertain what conduct is proscribed by the wording of the statute; and, in particular, the use of the terms "unjustifiably" and "unjustifiable" as a means of determining criminal conduct, notwithstanding being too vague, does not refer to the defense of justification...

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