PEOPLE v. LARSEN

2010CN002426

29 Misc.3d 423 (2010)

906 N.Y.S.2d 709

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. THOMAS LARSEN, Defendant. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. EDWARD WARDLE, Defendant.

Criminal Court of the City of New York, New York County.

Decided July 30, 2010.


Attorney(s) appearing for the Case

Joel Berger , for Thomas Larsen, defendant. Cyrus R. Vance, Jr. , District Attorney ( Michael Ford of counsel), for plaintiff. Legal Aid Society ( Steven Banks and Todd Albert of counsel), for Edward Wardle, defendant. Cyrus R. Vance, Jr. , District Attorney ( Michael Ford of counsel), for plaintiff.


OPINION OF THE COURT

MICHAEL GERSTEIN, J.

We are asked to determine whether topical novelty condoms should be deemed expressive items similar to other First Amendment protected items for purposes of exempting vendors of those items from New York City's general vendor licensing statute, Administrative Code of the City of New York § 20-453. Our decision requires analysis of First Amendment jurisprudence, as well as analysis of the statute upon which the...

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