PEOPLE v. ROBINSON


86 Misc.2d 992 (1975)

The People of the State of New York, Plaintiff, v. Charles Robinson, Jr., Defendant.

Supreme Court, Trial Term, New York County.

April 8, 1975


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Stephen Berger of counsel), for plaintiff. Rita Hayman for defendant.


MARTIN B. STECHER, J.

Defendant moves to dismiss the indictment on constitutional grounds, claiming that subdivision (1) of section 265.02 of the Penal Law violates the equal protection clause of the United States Constitution.

Subdivision (1) of section 265.02 elevates the crime of possession of certain weapons from a misdemeanor to a felony if the defendant has been previously convicted of any crime. No New York case directly in point...

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