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PICARD v. MAGLIANO

Docket No. 20-3161 August Term, 2021.

42 F.4th 89 (2022)

Michael PICARD, Plaintiff-Appellee, v. Michael MAGLIANO, in his official capacity as Chief of Public Safety for the New York Unified Court System, Defendant-Appellant, Darcel D. Clark, in her official capacity as District Attorney for Bronx County, Defendant.

United States Court of Appeals, Second Circuit.

Decided: July 27, 2022.

Attorney(s) appearing for the Case

Eric Del Pozo , Assistant Solicitor General, New York, NY ( Letitia James , Attorney General; Barbara D. Underwood , Solicitor General; Steven C. Wu , Deputy Solicitor General, on the brief), for Defendant-Appellant Michael Magliano.

Brian M. Hauss , ( Arianna M. Demas , on the brief), American Civil Liberties Union Foundation, New York, NY, for Plaintiff-Appellee Michael Picard.

Dwayne D. Sam , Christina Jones , Karsyn N. Keener (law student), Patton Solowey (law student), Williamsburg, VA, for Amicus Curiae William & Mary Law School Appellate and Supreme Court Clinic.

Judge Newman concurs in part and dissents in part in a separate opinion.

This appeal concerns the constitutionality of New York Penal Law ("NYPL") § 215.50(7) and its application to an individual protestor who wishes to promote the general concept of jury nullification outside New York courthouses. Under NYPL § 215.50(7), a person is...

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