PEOPLE v. LORD


7 Misc.3d 78 (2005)

796 N.Y.S.2d 511

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RANDALL P. LORD, Respondent.

Supreme Court, Appellate Term, Second Department.

February 22, 2005.


Attorney(s) appearing for the Case

Dwight D. Kraemer, Village Attorney, Westbury (Lawrence W. Boes of counsel), for appellant.

Kressel, Rothlein, Walsh & Roth, LLC, Massapequa (David P. Mirabella of counsel), for respondent.

McCABE, P.J., and TANENBAUM, J., concur; COVELLO, J., taking no part.


OPINION OF THE COURT

MEMORANDUM.

Order reversed on the law, defendant's motion to dismiss denied, information reinstated and matter remanded for all further proceedings.

The court below erred in holding that Village of Westbury Code § 168-3 (A) is unconstitutional for vagueness. The "reasonability" and "reasonable person" standard employed in the definition of a "noise disturbance" (Village of...

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