PEOPLE v. NDIAYE

2009CN003658

26 Misc.3d 212 (2009)

887 N.Y.S.2d 832

2009 NY Slip Op 29417

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. AMINATA NDIAYE, Defendant.

Criminal Court of the City of New York, New York County.

Decided October 16, 2009.


Attorney(s) appearing for the Case

Legal Aid Society (Steven Banks and Tracey Kim of counsel), for defendant.

Robert M. Morgenthau, District Attorney, New York City (Megan McDonald of counsel), for plaintiff.


OPINION OF THE COURT

ROBERT M. MANDELBAUM, J.

Charged with the unlicensed sale of costume jewelry on a public street, defendant contends that prosecution here violates her First Amendment right to free speech. Because New York City's licensing scheme constitutes a reasonable time, place or manner restriction on defendant's otherwise unfettered right to vend her merchandise, the motion to dismiss must be denied.1

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