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PEOPLE v. DAVIS

135 Misc.2d 841 (1987)

The People of the State of New York, Plaintiff, v. Nathaniel Davis, Defendant.

City Court of Syracuse.

June 11, 1987

Attorney(s) appearing for the Case

George F. Hildebrandt for defendant. Richard A. Hennessy, Jr., District Attorney (Terence A. Langan of counsel), for plaintiff.

THOMAS W. HIGGINS, JR., J.

In his omnibus motion defendant seeks dismissal of the accusatory instrument charging him with possession of an imitation controlled substance (Public Health Law § 3383 [2]) on the ground of insufficiency. In a supplemental motion defendant requests that the statute be found unconstitutional as being overbroad and vague. The court finds that the accusatory instrument is insufficient...

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