PEOPLE v. JOHNSON


77 Misc.2d 228 (1974)

The People of the State of New York, Plaintiff, v. Donnie Johnson, Defendant.

Criminal Court of the City of New York, Queens County.

March 19, 1974


Attorney(s) appearing for the Case

William Gallagher and Frank Land for defendant. Nicholas Ferraro, District Attorney (Salvatore Marinello of counsel), for plaintiff.


MELVIN D. GLASS, J.

Defendant is charged under section 270.00 of the Penal Law, "unlawfully dealing with fireworks", with possessing a blank cartridge pistol in a handcuff case attached to his belt. Defendant moves to dismiss the information upon the ground that the statute in question is unconstitutionally vague and upon the further ground that the statute necessarily implies that the violator possess the pistol with the intent to use it unlawfully,...

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