Opinion
November 26, 1975
Appeal from the Newburgh City Court, VINCENT GERACI, J.
Finkelstein, Mauriello, Kaplan and Levine, P.C. (Howard Karger of counsel), for appellant.
J. Otto Williams, Corporation Counsel (John J. Hayden of counsel), for respondent.
MEMORANDUM.
Judgment of conviction affirmed.
Section 15-10 of the City Code of Newburgh is constitutional in that it imposes a criminal sanction for public behavior which can create serious health and safety hazards for defendant and the general public and offends the moral and esthetic sensibilities of a large segment of the community (Powell v Texas, 392 U.S. 514, 532). Moreover, defendant has failed to overcome the strong presumption of constitutionality attaching to said ordinance (Matter of Stubbe v Adamson, 220 N.Y. 459; People v Epton, 19 N.Y.2d 496, remittitur amd on other grounds 19 N.Y.2d 1017, cert den 390 U.S. 29; N Y Const, art IX, § 2, subd [c]; General City Law, § 20, subd 22; Municipal Home Rule Law, § 10). Additionally, the other issues raised on this appeal are without merit.
Concur: HOGAN, P.J., GLICKMAN and FARLEY, JJ.