The People of the State of New York v. Jackie Dietze

Summary

The New York Court of Appeals held that Penal Law § 240.25(2) is facially overbroad and unconstitutional under both the State and Federal constitutions, and that the defendant’s conviction under § 240.25(1) lacked sufficient evidence of a true threat, reversing both convictions and dismissing the information. Chief Judge Wachtler filed a concurring opinion arguing the statute could be saved by a limiting construction.