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ANONYMOUS v. ROCHESTER

13 N.Y.3d 35 (2009)

JIOVON ANONYMOUS, an Infant, by His Father and Legal Guardian, THOMAS ANONYMOUS, et al., Respondents, v. CITY OF ROCHESTER et al., Appellants.

Court of Appeals of New York.

Decided June 9, 2009.

Attorney(s) appearing for the Case

Thomas S. Richards, Corporation Counsel, Rochester (Jeffrey Eichner and Michele Romance Crain of counsel), for appellants.

Davidson Fink LLP, Rochester (Michael Adam Burger of counsel), for respondents.

Adriana Piñón, New York City, and Arthur Eisenberg for New York Civil Liberties Union, amicus curiae.

John A. Mancini, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK and READ concur with Judge JONES; Judge GRAFFEO concurs in result in a separate opinion; Judge PIGOTT dissents in another opinion in which Judge SMITH concurs.

OPINION OF THE COURT

JONES, J.

The issue before this Court is whether the juvenile nighttime curfew adopted by the Rochester City Council violates the Federal and New York State Constitutions. We hold that it does.

I

In 2006, the Rochester City Council (City Council) adopted chapter 45 of the Code of the City of Rochester (City Code) which established a nighttime curfew for juveniles. Under...

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