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PEOPLE v. WILSON

80 Misc.2d 353 (1974)

The People of the State of New York, Plaintiff, v. Homer Wilson, Defendant.

Supreme Court, Westchester County.

December 9, 1974

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Tony B. Berk and Peter M. Leavitt of counsel), for plaintiff. Rubin, Gold & Geller (William Mogulescu of counsel), for defendant.

HOWARD A. JONES, J.

Defendant, having been convicted of attempted murder of a peace officer and other crimes, moves prior sentence for an order declaring invalid the provisions of subdivision 1 of section 110.05 of the Penal Law as it existed in May, 1973, categorizing the crime of attempted murder of a peace officer as a class A felony. The attack upon the statute is two-pronged: (a) the language of the section...

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