In People v. Diaz NYLJ, July 2, 2001, the defendant challenged New York's Hate Crimes Act on the ground that it was unconstitutionally vague. The Court held that "in a challenge to the constitutionality of a penal law on the grounds of vagueness, it is well settled that a two prong analysis is required". Under the two prong test, the statute must "provide sufficient notice of what conduct is prohibited," and must "not be written in such a manner as to permit or encourage arbitrary and discriminatory enforcement", see People v. Bright, 71 N.Y.2d 376, 382, 526 N.Y.S.2d 66, 520 N.E.2d 1355 (1988).