New York's Hate Crime Provisions Upheld In Recently Released Opinion

In People v. Ivanov, (NY Sup. Ct., Sept. 12, 2008)-- decided several months ago but posted online for the first time last Friday-- a New York trial court upheld New York's hate crime statute. The statute enhances applicable penalties when a crime is motivated by bias. Defendant was charged with spray painting and etching swastikas and other anti-Semitic graffiti on buildings (including two synagogues), on automobiles and on sidewalks in an area of Brooklyn Heights near his home. He also placed anti-Semitic flyers on the windshield of parked cars in the area. The court rejected defendant's claim that in order to violate the hate crime law, New York Penal Code. Sec. 485.05, and the related Aggravated Harassment law, New York Penal Law Sec. 240.31, the victims needed to have been selected because of their religion. The court held that as long as a religious, racial, gender, etc. group is targeted, the victim need not necessarily be a member of that class. The court also rejected defendant's constitutional challenges, concluding that the provisions are not vague as applied to this defendant, nor did they violate his free speech rights.