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PEOPLE v. BENSON

125 Misc.2d 843 (1984)

The People of the State of New York, Plaintiff, v. Javonne Benson, Defendant.

Supreme Court, Criminal Term, Kings County.

June 18, 1984

Attorney(s) appearing for the Case

Bert Nisonoff for defendant. Elizabeth Holtzman, District Attorney, for plaintiff.

EDWARD C. ALFANO, J.

Defendant, as part of his omnibus motion, moves to dismiss the indictment on the ground that subdivision 3 of section 125.25 of the Penal Law (felony murder statute) is unconstitutional.1 The People oppose dismissal.2

Defendant has been indicted for murder in the second degree (felony murder), robbery in the first degree (two counts), and robbery in the second degree...

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