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PEOPLE v. JOHNSON

97 Misc.2d 905 (1975)

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

County Court, Erie County.

April 14, 1975

Attorney(s) appearing for the Case

Edward C. Cosgrove, District Attorney (Joseph J. Hodan of counsel), for plaintiff. John Patrick Pieri for defendant.

ROSE LA MENDOLA, J.

The People appeal from an order of the Honorable CARMELO A. PARLATO, Judge of the City Court of Buffalo (77 Misc.2d 889), dismissing an information charging defendant herein with violation of section 130.38 of the Penal Law on the grounds that said section is unconstitutional since it denies equal protection of the law to citizens "not married to each other" in violation of the Fourteenth Amendment...

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