New York Court of Appeals

The People of the State of New York, Respondent v. Paul Stuart, Appellant

July 2, 2003100 N.Y.2d 412

Summary

The Court affirmed the Appellate Term's conviction of Paul Stuart for fourth‑degree stalking, holding that New York's anti‑stalking statute is not unconstitutionally vague as applied to him and therefore is not facially invalid. The majority applied the two‑part vagueness test and concluded the statute gives ordinary persons fair notice and provides clear standards for police. Chief Judge Kaye, in a separate concurrence, agreed with the result but criticized the majority's rule that a failed as‑applied challenge automatically defeats a facial challenge.