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PEOPLE v. BARTON

8 N.Y.3d 70 (2006)

861 N.E.2d 75

828 N.Y.S.2d 260

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL BARTON, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 2006.

Attorney(s) appearing for the Case

Donald M. Thompson, Rochester, for appellant.

Michael C. Green, District Attorney, Rochester (William Taylor of counsel), for respondent.

Thomas S. Richards, Corporation Counsel, Rochester (Jeffrey Eichner of counsel), for City of Rochester, intervenor.

Palyn Hung, New York City, Jeffrey E. Fogel and Arthur N. Eisenberg for New York Civil Liberties Union, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, SMITH and PIGOTT concur.

OPINION OF THE COURT

READ, J.

On August 4, 2004, defendant Michael Barton was ticketed for violating section 44-4 (H) of the Code of the City of Rochester when he allegedly waded into traffic on a highway exit ramp in downtown Rochester, soliciting money from motorists. Section 44-4 of the Code addresses aggressive panhandling, and subsection (H) specifies that "[n]o person on a sidewalk or alongside a roadway...

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