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PEOPLE v. HOFFMAN

76 Misc.2d 564 (1973)

The People of the State of New York, Plaintiff, v. Abbie Hoffman, Carole Ramer, and John Doe "J.R.", Defendants. The People of the State of New York, Plaintiff, v. Diane Peterson, Defendant.

Supreme Court, Centralized Special Narcotics Parts, Trial Term, New York County.

December 18, 1973

Attorney(s) appearing for the Case

Lefcourt, Brennan, Cohn & Katz (Gerald B. Lefcourt of counsel), for Abbie Hoffman, defendant. Rubin, Gold & Geller (William Mogulescu of counsel), for Carole Ramer, defendant. Lawrence S. Goldman for Diane Peterson, defendant. Elizabeth D. Du Bois and Mark C. Morrie for defendants. Frank Rogers, Special Narcotics Prosecutor (James Kindler of counsel), for plaintiff.

ABRAHAM I. KALINA, J.

This is a motion for an order, pursuant to paragraph (h) of subdivision 1 of CPL 210.20 et seq. to dismiss the indictments herein, or in the alternative, for an evidentiary hearing on the issue of whether cocaine has been misclassified as a narcotic drug pursuant to article 220.00 of the Penal Law.

The defendants do not challenge the constitutional authority of the Legislature...

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