NY court weighs newlywed's disorderly conduct case

ALBANY, N.Y. – New York's top court will consider whether newlyweds in tuxedo and gown arguing in a hotel parking lot early in the morning were disturbing the peace — even if nobody was complaining.

The state Court of Appeals will consider Tuesday whether Tony Weaver, who was subdued with a Taser in the May 2008 incident, rightfully spent the night in jail instead of the honeymoon suite.

A police officer in the upstate village of Newark says Weaver told her to shut up and swore after she told them to take it inside. She called for backup.

Weaver was convicted of disorderly conduct and resisting arrest.

Attorney William Pixley says the couple were in a commercial district with nobody around and no risk of disturbing anyone.

Prosecutors say yelling obscenities in a public place "tends quintessentially toward a breach of the peace."