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January 23, 2014

P&N CRIMINAL LAW UPDATE

Sonny Om, climbed a fence on the pier at Playland Park and, in response to a double-dog dare, jumped into the Long Island Sound. He was arrested for trespass and disorderly conduct. The court ruled that "while the defendant's action may have been stupid, he is not charged with stupidity, he is charged with trespass and that charge cannot be sustained as defendant had the right to enter Long Island Sound. The Judge did not throw out the disorderly conduct charge because the People charged that Sonny created a hazard to boaters by jumping into the water. The Court concluded and stated: "At least he didn't lick a frozen flagpole necessitating a police and fire department response."

The decision is found at the following link:
http://www.courts.state.ny.us/reporter/3dseries/2013/2013_52285.htm#1FN

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