Felony Hate Crime for Waiter to Play Arabic Chant at Jewish Wedding?

So New York authorities seem to think; here’s the Complaint in People v. Buttafuoco (typos in original, all-uppercase text shifted to mixed case):

In the State of New York County of Nassau: Det Anthony J Rempel, shield#\1121. Being a member of the Nassau County Police Dept deposes and says that on or about the 5th day of January, 2009, at about 1:00am , at 200 Southwoods Rd Woodbury, the defendant did violate New York State Penal Lawsection(s)

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