New York v. Uplinger

PETITIONER: New York
RESPONDENT: Uplinger
LOCATION: Environmental Protection Agency

DOCKET NO.: 82-1724
DECIDED BY: Burger Court (1981-1986)
LOWER COURT: New York Court of Appeals

CITATION: 467 US 246 (1984)
ARGUED: Jan 18, 1984
DECIDED: May 30, 1984

ADVOCATES:
Richard J. Arcara - on behalf of the Petitioner
William H. Gardner - on behalf of the Respondent

Facts of the case

Question

Media for New York v. Uplinger

Audio Transcription for Oral Argument - January 18, 1984 in New York v. Uplinger

Warren E. Burger:

Thank you gentlemen the case is submitted, we will hear arguements next in New York v Uplinger and Butler.

Mr. Arcara, you may proceed whenever you are ready.

Richard J. Arcara:

Mr. Chief Justice, and may it please the Court:

The present cases are before you on a writ of certiorari to the New York Court of Appeals.

That Court, in a memorandum decision last year, found unconstitutional New York Penal Law, Section 235.40, Subdivision 3.

That statute is generally referred to as the loitering statute in New York and it generally prohibits individuals from loitering or remaining at a public place--

William H. Rehnquist:

Mr. Arcara, can I ask you a question about the procedural posture of this case?

You are the District Attorney of Erie County, which, I guess, is Buffalo.

Richard J. Arcara:

--That is correct, Your Honor.

William H. Rehnquist:

And you represent the state in this case.

Richard J. Arcara:

That is correct, Your Honor.

William H. Rehnquist:

Now, the Attorney General of New York has apparently taken a partial fall in this case.

He has filed a brief where he says, you know, maybe to minors, but... Now, you are speaking to the State of New York in this case, not him, I take it.

Richard J. Arcara:

That is correct, Your Honor.

Generally that statute prohibits individuals from--

Byron R. White:

You are not speaking for the Attorney General of New York though?

Richard J. Arcara:

--No, I disagree with the Attorney General.

Byron R. White:

I know, I know you do, but he--

Richard J. Arcara:

Your Honor, he doesn't have the responsibility of enforcing this law either.

I would also like to point that back out.

I have the responsibility of enforcing this law and I have no knowledge--

Byron R. White:

--You have the authority to represent... You can't speak for the State of New York, can you?

Can't you just speak for the county or what?

Richard J. Arcara:

--No, Your Honor, I am speaking on behalf of the State of New York.

Byron R. White:

For the state, because you have the authority to do that?

Richard J. Arcara:

That is correct, Your Honor.

William H. Rehnquist:

But, only he has to run for election.

Richard J. Arcara:

I have to run also, Your Honor.

William H. Rehnquist:

But not statewide.

Richard J. Arcara:

That is correct, Your Honor.