PEOPLE v. GAZULIS


29 Misc.2d 939 (1961)

The People of the State of New York, Plaintiff, v. Louis Gazulis, Defendant.

City Court of the City of Poughkeepsie, Dutchess County.

March 17, 1961


Attorney(s) appearing for the Case

James R. Brown, Jr., for defendant. Raymond C. Baratta, District Attorney (Robert F. Winne of counsel), for plaintiff.


JAMES E. CARROLL, JR., Acting Judge.

The defendant has moved to dismiss the information accusing him of violating section 986-b of the Penal Law upon the grounds that said section is unconstitutional for the following reasons:

(a) The statute, in question, is too vague and indefinite to prescribe a crime, and

(b) The presumption created by the statute violates the constitutional requirement of...

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