PEOPLE v. O'HARA


96 N.Y.2d 378 (2001)

754 N.E.2d 155

729 N.Y.S.2d 396

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN O'HARA, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 2001.


Attorney(s) appearing for the Case

Steve S. Efron, New York City, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Monique Ferrell and Leonard Joblove of counsel), for respondent.

Deborah H. Karpatkin, New York City, and Arthur Eisenberg for New York Civil Liberties Union Foundation, amicus curiae.

Schwimmer & Sweeney, New York City (Peter P. Sweeney of counsel), for League of Women Voters of New York City, amicus curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK and GRAFFEO concur with Judge WESLEY; Judge ROSENBLATT dissents and votes to reverse in a separate opinion in which Judge LEVINE concurs.


OPINION OF THE COURT

WESLEY, J.

Defendant John O'Hara, an attorney and frequent candidate for elective office, was convicted of seven crimes arising from his fraudulent filing of a false voter registration form and voting in five separate elections in an election district in which he did not reside. On appeal, defendant contends that the definition of voting residence contained in the Election Law is at odds with...

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