PEOPLE v. FERNANDEZ


93 Misc.2d 127 (1978)

The People of the State of New York, Plaintiff, v. Vincent Fernandez and Joseph Haley, Defendants.

Supreme Court, Criminal Term, Queens County.

February 22, 1978


Attorney(s) appearing for the Case

Raymond S. Sussman for Vincent Fernandez, defendant. Melvin M. Lebetkin for Joseph Haley, defendant. John J. Santucci, District Attorney, for plaintiff.


HAROLD HYMAN, J.

Defendants move to dismiss the indictment on constitutional and other grounds hereinafter more fully discussed.

The section involved, section 190.40 of the Penal Law, best known as the "loansharking" section, provides as follows: "A person is guilty of criminal usury when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property...

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