· 6/18/1991
44th Hotel Associates v. Zurich Insurance
Citations
- 174 A.D.2d 475
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing BIA decisions from 1944, 1956, and 1965 in analyzing what makes indecent exposure a crime of moral turpitude
- “We have long held that indecent exposure is not inherently turpitudinous in the absence of lewd or lascivious intent.”
- explicitly distinguishing between non-morally turpitudinous “simple public nudity,” such as mooning oncoming traffic without lewd intent, and “indecent exposure with a lewd intent,” which is morally turpitudinous
- “We conclude that a person convicted of indecent exposure in violation of section 314(1) has committed a crime involving moral turpitude because a finding of lewdness is necessary for conviction.”
- explicitly invoking authority under Brand X to disagree with Nunez
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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