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MTR. OF FENSTER v. CRIMINAL COURT, N. Y.

46 Misc.2d 179 (1965)

In the Matter of Charles Fenster, Petitioner, v. Criminal Court of the City of New York, Respondent.

Supreme Court, Special Term, Kings County.

March 31, 1965

Attorney(s) appearing for the Case

Emanuel Redfield for petitioner. Louis J. Lefkowitz, Attorney-General (Joel Lewittes of counsel), for respondent.

M. HENRY MARTUSCELLO, J.

Petitioner in this article 78 proceeding seeks an order prohibiting respondent court from trying him on a vagrancy charge pending before it on the ground that the law under which the prosecution was brought is on its face unconstitutional and therefore the respondent is without jurisdiction over the subject matter. Respondent cross-moves to dismiss the petition on objections in point...

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