People v. La Sister

CourtNew York Court of Special Sessions
Writing for the CourtPER CURIAM
Citation9 Misc.2d 518,170 N.Y.S.2d 702
Decision Date10 February 1958
PartiesThe PEOPLE of the State of New York, Respondent, v. Charles LA SISTER, Defendant-Appellant.

Page 702

170 N.Y.S.2d 702
9 Misc.2d 518
The PEOPLE of the State of New York, Respondent,
v.
Charles LA SISTER, Defendant-Appellant.
Court of Special Sessions of City of New York, Appellate
Part, First Department.
Feb. 10, 1958.

Page 703

William C. Chance, Jr., New York City, for defendant-appellant.

Frank S. Hogan, Dist. Atty., New York County, New York City, Harry Aid, Asst. Dist. Atty., New York City, of counsel, for respondent.

Before KOZICKE, P. J., and KOZINN and MOLLOY, JJ.

PER CURIAM.

The conviction of the defendant for disorderly conduct, under subdivisions 2 to 4, Section 722 of the Penal Law because the defendant allegedly used loud, boisterous, [9 Misc.2d 519] vile and indecent language; refused to desist when ordered by the police officer and caused a crowd to collect by his actions, should be reversed.

It is conceded by the respondent that there may be some merit to the appellant's contentions that the People have failed to establish violations of subdivisions 2 and 3. We believe that no violations have been established thereunder.

Page 704

As to subdivision 2, the testimony of the police officer shows that the vulgar and offensive language used was directed solely to the officer; it fails to show that it was used in the hearing or presence of any other persons or that it did 'annoy, disturb, interfere with, obstruct, or (become) offensive to others.'

The language, so addressed (People v. Nixon, 248 N.Y. 182, 161 N.E. 463, citing with approval People v. Wecker, 140 Misc. 388, 246 N.Y.S. 708) is a private annoyance to the officer, and in the absence of testimony showing that there was a breach of the peace or that it attracted undue attention or caused consternation amongst any, as the officer testified, of the 'close to 100 people' (who were either 'walking on the sidewalk' or who, in this 'very busy section with many bars on the avenue' did 'hang out outside') is insufficient to constitute disorderly conduct. To constitute disorderly conduct under this statute, said Magistrate Walter J. Bayer in a very able opinion in People on Complaint of Hersh v. Rothberg, 8 Misc.2d 259, 167 N.Y.S.2d 813, 814, 'there must be an actual or threatened breach of the peace which in turn means a disturbance of the tranquility of the people of the state.' The officer testified that he stopped the defendant while driving his car because of a traffic violation. Since the location where the incident occurred, namely: Lenox avenue between 132nd...

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5 practice notes
  • Street v. New York, No. 5
    • United States
    • United States Supreme Court
    • April 21, 1969
    ...§ 700(c) (1964 ed., Supp. IV). 6. It appears that the New York courts would so construe their legislation. See People v. La Sister, 9 Misc.2d 518, 170 N.Y.S.2d 702 (Ct.Spec.Sess.1958); cf. State v. Peacock, 138 Me. 339, 25 A.2d 491 (1942). 7. I need not consider to what extent the Thomas Co......
  • People v. Briggs
    • United States
    • New York Supreme Court Appellate Division
    • February 2, 1966
    ...at 821-822; People v. Daniels, supra; People v. Dority, supra; People v. Bomboy, 32 Misc.2d 1002, 229 N.Y.S.2d 323; People v. La Sister, 9 Misc.2d 518, 170 N.Y.S.2d 702; see also, People v. Hamilton, supra, where a felony was suspected). There is only one older case, People v. Shanley, 40 H......
  • People v. Palmer
    • United States
    • New York City Court
    • April 7, 1998
    ...his alleged conduct was "addressed solely to the deponent police officer" (Affirmation, p. 4, para. 12) and cites People v. LaSister, 9 Misc.2d 518, 170 N.Y.S.2d 702 (N.Y.Sp.Sess.1958) for the proposition that vulgar and obscene language directed solely at a police officer without allegatio......
  • In re Armell N.
    • United States
    • New York Family Court
    • May 24, 2010
    ...undue attention or caused consternation amongst any(one else) ... is insufficient to constitute disorderly conduct." People v. La Sister, 9 Misc.2d 518, 170 N.Y.S.2d 702 [1st Dep't 1958]. Cases in which there has been an affirmed finding of fact that the respondent caused a public disturban......
  • Request a trial to view additional results
5 cases
  • Street v. New York, No. 5
    • United States
    • United States Supreme Court
    • April 21, 1969
    ...§ 700(c) (1964 ed., Supp. IV). 6. It appears that the New York courts would so construe their legislation. See People v. La Sister, 9 Misc.2d 518, 170 N.Y.S.2d 702 (Ct.Spec.Sess.1958); cf. State v. Peacock, 138 Me. 339, 25 A.2d 491 (1942). 7. I need not consider to what extent the Thomas Co......
  • People v. Briggs
    • United States
    • New York Supreme Court Appellate Division
    • February 2, 1966
    ...at 821-822; People v. Daniels, supra; People v. Dority, supra; People v. Bomboy, 32 Misc.2d 1002, 229 N.Y.S.2d 323; People v. La Sister, 9 Misc.2d 518, 170 N.Y.S.2d 702; see also, People v. Hamilton, supra, where a felony was suspected). There is only one older case, People v. Shanley, 40 H......
  • People v. Palmer
    • United States
    • New York City Court
    • April 7, 1998
    ...his alleged conduct was "addressed solely to the deponent police officer" (Affirmation, p. 4, para. 12) and cites People v. LaSister, 9 Misc.2d 518, 170 N.Y.S.2d 702 (N.Y.Sp.Sess.1958) for the proposition that vulgar and obscene language directed solely at a police officer without allegatio......
  • In re Armell N.
    • United States
    • New York Family Court
    • May 24, 2010
    ...undue attention or caused consternation amongst any(one else) ... is insufficient to constitute disorderly conduct." People v. La Sister, 9 Misc.2d 518, 170 N.Y.S.2d 702 [1st Dep't 1958]. Cases in which there has been an affirmed finding of fact that the respondent caused a public disturban......
  • Request a trial to view additional results

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