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PEOPLE v. COHEN

54 Misc.2d 873 (1967)

The People of the State of New York, Plaintiff, v. Carl I. Cohen, Defendant.

Supreme Court, Criminal Term, Kings County.

August 31, 1967

Attorney(s) appearing for the Case

Aaron E. Koota, District Attorney (William I. Siegel of counsel), for plaintiff. Kleinman, Gold & Landsman (Eugene Gold and Basil Pollitt of counsel), for defendant.

RICHARD F. DALY, J.

Defendant moves to dismiss Grand Jury indictment Nos. 4028, 4029, 4146, 4280 and 4281, all of the year 1960, on the grounds that subdivisions 3 and 6 of section 596 [subd. 3 now repealed; subd. 6 renumbered subd. 5] and section 609 of the Judiciary Law, under which the Grand Jury returning the indictments was chosen, are unconstitutional and invalid "by reason of repugnancy to the due process...

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