PEOPLE v. BEAM


22 Misc.3d 306 (2008)

866 N.Y.S.2d 564

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. EDWARD BEAM, Defendant.

Criminal Court, New York County.

October 30, 2008.


Attorney(s) appearing for the Case

Legal Aid Society, New York City (Melissa Kaplan of counsel), for defendant.

Robert M. Morgenthau, District Attorney, New York City (David Stuart of counsel), for plaintiff.


OPINION OF THE COURT

MARC J. WHITEN, J.

In a time when individual liberty is under attack and when many in our citizenry and government seem predisposed to offer up an unidentified degree of personal freedom in exchange for the perceived premium of greater security, we must resist striking an unwise bargain in the interpretation and administration of our laws. As founding father Benjamin Franklin observed, "They that give up essential liberty to obtain a...

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