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People v. Price

The People of the State of New York v. Cheryl L. Price

People v. Price, 307 N.E.2d 46 (N.Y. 1973)
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Court
New York Court of Appeals · State Highest Courts
Decided
December 27, 1973
Citations
307 N.E.2d 4633 N.Y.2d 831351 N.Y.S.2d 9731973 N.Y. LEXIS 875
Cited by 9

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The order of the Appellate Terra should be reversed, and the information dismissed. Statutes punishing indecent exposure, though broadly drawn, must be carefully construed to attack the particular evil at which they are directed (Matter of Excelsior Pictures Corp. v. Regents of Univ. of State of N. Y., 3 N Y 2d 237, 244-245). Section 245.01 of the Penal Law was aimed at discouraging “ topless ” waitresses and their promoters (see Practice Commentary by Denzer and McQuillan, McKinney’s Cons. Laws of N. Y., Book 39, Penal Law, § 245.01, p. 200). It should not be applied to the noncommercial, perhaps accidental, and certainly not lewd, exposure alleged (see People v. Ulman, 258 App. Div. 262, 263 ). Certainly, legislation may not control the manner of dress, absent commercial exploitation of exposure, or absent conduct or dress under circumstances creating or likely to create public disorder.

Order reversed, etc.

Chief Judge Ftjld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler concur in Per Curiam opinion.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

View all citing references →
1977: 11984: 11986: 11989: 11990: 11991: 11992: 22000: 119772026peak 1992 · 2

Relies on it most ⓘ

  1. People v. Santorelli600 N.E.2d 232 (N.Y. 1992) · Concurrence
  2. Spencer Tunick v. Howard Safir, in His Official Capacity as the Police Commissioner of the City of New York, and the City of New York209 F.3d 67 (2d Cir. 2000)
  3. People v. Darryl M.123 Misc. 2d 723 (N.Y. City Crim. Ct. 1984)
  4. People v. Craft134 Misc. 2d 121 (1986)
  5. People v. McNamara585 N.E.2d 788 (N.Y. 1991)
  6. Commissioner of Department of Buildings v. Sidne Enterprises, Inc.90 Misc. 2d 386 (N.Y. Sup. Ct. 1977)

Most recent

  1. Spencer Tunick v. Howard Safir, in His Official Capacity as the Police Commissioner of the City of New York, and the City of New York209 F.3d 67 (2d Cir. 2000)
  2. Opn. No.(N.Y. Att'y Gen. Aug. 4, 1992)
  3. People v. Santorelli600 N.E.2d 232 (N.Y. 1992) · Concurrence
  4. People v. McNamara585 N.E.2d 788 (N.Y. 1991)
  5. People v. Duyck146 Misc. 2d 629 (1990)
  6. People v. David146 Misc. 2d 115 (1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
People v. Ulman, 258 A.D. 262 (1939) 8

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