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PEOPLE v. DURYEA

82 Misc.2d 1049 (1975)

The People of the State of New York, Plaintiff, v. Richard Duryea, Defendant.

Supreme Court, Criminal Term, Queens County.

June 23, 1975

Attorney(s) appearing for the Case

John J. Clabby for defendant. Nicholas Ferraro, District Attorney (Joseph De Felice of counsel), and Louis J. Lefkowitz, Attorney-General (David R. Spiegel of counsel), for plaintiff.

MARTIN RODELL, J.

Defendant moves to reargue the portion of the decision of this court issued on April 22, 1975 which denied his motion to dismiss the indictment on the ground that the aggregate weight standard as applied to methadone is unconstitutional. In support of his contention that said standard is unconstitutional in its application to methadone, he cites People v Carter (80...

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