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PEOPLE v. MENDELSON

24 Misc.3d 307 (2009)

875 N.Y.S.2d 766

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. SUSAN C. MENDELSON, Defendant.

District Court of Nassau County, First District.

Decided March 17, 2009.

Attorney(s) appearing for the Case

Nixon Peabody, LLC, for defendant.

Kathleen M. Rice, District Attorney, for plaintiff.

Arlene Van Loan, Town Attorney, for Town of Oyster Bay.

OPINION OF THE COURT

ANDREW M. ENGEL, J.

Background

On August 1, 2006 the defendant was charged with violating Code of the Town of Oyster Bay (Code) § 168-16 for distributing leaflets on behalf of "Jews for Jesus" in John J. Burns Town Park, without a permit. Following the defendant's challenge, that section of the Code was declared unconstitutional, on its face and as applied to the defendant...

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