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PEOPLE v. DAVIS

67 Misc.2d 14 (1971)

The People of the State of New York, Plaintiff, v. Bruce Davis and John R. Krause, Jr., Defendants.

Supreme Court, Extraordinary Special and Trial Term, Ontario County.

July 9, 1971

Attorney(s) appearing for the Case

Robinson, Williams, Robinson & Angeloff (Edwin Robert Schulman of counsel), for defendants. Louis J. Lefkowitz, Attorney-General (E. Garrett Cleary and Leon N. Armer of counsel), for plaintiff.

FREDERICK M. MARSHALL, J.

Defendants move to dismiss the indictments returned against them by a Grand Jury of this Extraordinary Special and Trial Term of Supreme Court, on the grounds that the statutes by virtue of which the term exists violate the Constitution of the United States and the statutory law of the United States. They argue that section 149 of the Judiciary Law and subdivision 2 of section 63 of the Executive Law and, indeed, section 27 of...

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