PEOPLE v. ELLISON


78 Misc.2d 652 (1974)

The People of the State of New York, Plaintiff, v. Robert Ellison, Defendant.

County Court, Westchester County.

June 20, 1974


Attorney(s) appearing for the Case

E. George Nyberg for defendant. Carl A. Vergari, District Attorney, for plaintiff.


ISAAC RUBIN, J.

The defendant has been indicted on charges of criminally selling a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts).

The defendant now moves for an order dismissing the indictment on the ground that all New York statutes underlying the indictment are unconstitutional.

In the first instance...

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