How have the courts interpreted section 302 of the New York State Penal Code section 302 for the purposes of determining "rude behavior" and "unnecessary noise"?

California, United States of America


The following excerpt is from People v. Cruz, 101 Cal.Rptr. 711, 25 Cal.App.3d Supp. 1 (Cal. Super. 1972):

3. Appellants assert that they were convicted under a construction of Penal Code section 302 which was made for the first time in the charge to the jury (above summarized) defining 'rude behavior' and 'unnecessary noise' in this case. They complain that the application of such construction to them for the first time, and after their conduct, is in the nature of an ex post facto law, and a denial of due process. (Bouie v. Columbia (1964) 378 U.S. 347, 84 S.Ct. 1697, 12 L.Ed.2d 894, 900--901.)

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