People v. Penn

Citation260 N.Y.S.2d 847,16 N.Y.2d 581,208 N.E.2d 789
Parties, 208 N.E.2d 789 The PEOPLE, etc., Respondent, v. Sara E. PENN et al., Appellants.
Decision Date20 May 1965
CourtNew York Court of Appeals

Appeal from Supreme Court, Appellate Term, First Department.

Defendant were charged with violating Section 722 of the Penal Law providing that any person who acts in such manner as to annoy, disturb, interfere with, obstruct, or be offensive to others, or who congregates with others on a public street and refuses to move on when ordered by the police, is guilty of disorderly conduct. There was evidence that at housing project the defendants, to protest against alleged racial discrimination in building trades unions, engaged in picketing, placed themselves on the ground in the path of oncoming cement trucks, and refused to move when they were informed by police officers that they were blocking the lawful delivery of concrete to the construction site, and that at the time of the occurrence the number of pedestrians in the area increased from about 100 to about 200.

The defendants were convicted of disorderly conduct. The Criminal Court of the City of New York, New York County, Samuel J. Ohringer, J., entered judgments, and the defendants appealed.

The Appellate Term entered a judgment affirming the judgments of the Criminal Court of the City of New York.

The defendants appealed to the Court of Appeals, contending that evidence was insufficient to support the convictions, and that Section 722 of the Penal Law, as construed to apply to the defendants, is unconstitutional, and that defendants' conduct was an appropriate communication protected by the federal Constitution.

Howard M. Squadron, Carl Rachlin and Alan S. Rosenberg, New York City (Lawrence H. Rogovin, and Lester Greenberg, New York City, of counsel), for defendants-appellants.

Frank S. Hogan, New York City (H. Richard Uviller and Alan F. Leibowitz, New York City, of counsel), for respondent.

Judgment affirmed.

All concur.

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19 cases
  • People v. Street
    • United States
    • New York Court of Appeals
    • 7 Julio 1967
    ...v. Martin, 15 N.Y.2d 933, 259 N.Y.S.2d 152, 207 N.E.2d 197, cert. den. 382 U.S. 828, 86 S.Ct. 64, 15 L.Ed.2d 72; People v. Penn, 16 N.Y.2d 581, 260 N.Y.S.2d 847, 208 N.E.2d 789, cert. den. 383 U.S. 969, 86 S.Ct. 1275.) Thus, rejecting arguments by defendants that their protest demonstration......
  • People v. Turner
    • United States
    • New York Supreme Court — Appellate Term
    • 12 Noviembre 1965
    ...v. Cherry, 307 N.Y. 308, 121 N.E.2d 238). In People v. Penn et al., 1964, 48 Misc.2d 634, 265 N.Y.S.2d 155, affirmed 16 N.Y.2d 581, 260 N.Y.S.2d 847, 208 N.E.2d 789, motion for reargument denied 16 N.Y.2d 883, 264 N.Y.S.2d 1031, 211 N.E.2d 657, September 30, 1965, this Court upheld convicti......
  • Lurie v. District Attorney of Kings County, Docket No. B12320
    • United States
    • United States State Supreme Court (New York)
    • 27 Febrero 1968
    ...v. Martin, 15 N.Y.2d 933, 259 N.Y.S.2d 152, 207 N.E.2d 197, cert. den. 382 U.S. 828, 86 S.Ct. 64, 15 L.Ed.2d 72; People v. Penn, 16 N.Y.2d 581, 260 N.Y.S.2d 847, 208 N.E.2d 789, cert. den. 383 U.S. 969, 86 S.Ct. 1275, 16 L.Ed.2d 309; People v. Street, 20 N.Y.2d 231, 282 N.Y.S.2d 491, 229 N.......
  • People v. Carty
    • United States
    • New York Supreme Court — Appellate Term
    • 14 Diciembre 2016
    ...F.3d 46, 56–57 [2d Cir.2006] ). As this court held in People v. Penn, 48 Misc.2d 634, 265 N.Y.S.2d 155 (App.Term, 1st Dept.1964), affd. 16 N.Y.2d 581, 260 N.Y.S.2d 847, 208 N.E.2d 789 (1964), protests and demonstrations are "subject to reasonable regulation and control in the interest of pu......
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