New York Court of Appeals
The People of the State of New York v. Alan Berck
July 2, 197332 N.Y.2d 567
Summary
The Court held that New York Penal Law § 240.35(6) is unconstitutionally vague because it fails to give fair notice of prohibited conduct and grants police unfettered discretion, violating due process and the Fourth and Fourteenth Amendments. Accordingly, the conviction was reversed and the complaint dismissed.