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People v. Price

Court of Appeals of the State of New York
Dec 27, 1973
307 N.E.2d 46 (N.Y. 1973)

Summary

finding the statute, which was "aimed at discouraging `topless' waitresses and their promoters," not to be applicable to the "noncommercial, perhaps accidental, and certainly not lewd, exposure" alleged in the case before it

Summary of this case from Tunick v. Safir

Opinion

Argued November 19, 1973

Decided December 27 1973

Appeal from the Supreme Court in the First Judicial Department, WILLIAM F. SUGLIA, J.

Diana A. Steele and William E. Hellerstein for appellant.

Frank S. Hogan, District Attorney ( Robert A. Goldschlag, Michael R. Juviler and Lewis R. Friedman of counsel), for respondent.


The order of the Appellate Term 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 FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion.


Summaries of

People v. Price

Court of Appeals of the State of New York
Dec 27, 1973
307 N.E.2d 46 (N.Y. 1973)

finding the statute, which was "aimed at discouraging `topless' waitresses and their promoters," not to be applicable to the "noncommercial, perhaps accidental, and certainly not lewd, exposure" alleged in the case before it

Summary of this case from Tunick v. Safir

In People v Price (33 N.Y.2d 831 [1973]) the Court of Appeals recognized the legitimacy of legislation regulating the manner of dress whenever it created circumstances risking public disorder.

Summary of this case from People v. David

In People v Price (33 N.Y.2d 831), the Court of Appeals reversed the conviction of a woman whose breasts were visible through her shirt not because she was covered but because nothing in the case indicated that she had exposed herself with lewd intent.

Summary of this case from People v. Darryl M

In People v. Price (33 N.Y.2d 831) the Court of Appeals was presented with the case of a female who was charged with violating 245.01 by wearing in public a fishnet pullover through the openings of which the areola portions of her breast were visible. The court, in overturning her conviction, found the statute was only aimed at the problem created by "topless waitresses," and did not apply to noncommercial exposure.

Summary of this case from People v. Hardy
Case details for

People v. Price

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHERYL L. PRICE…

Court:Court of Appeals of the State of New York

Date published: Dec 27, 1973

Citations

307 N.E.2d 46 (N.Y. 1973)
307 N.E.2d 46
351 N.Y.S.2d 973

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