Upon the foregoing papers and in the opinion of the court herein, defendant's application is granted to the extent indicated in the accompanying memorandum of this date.
The defendant moves for an order declaring a specific affirmative defense unconstitutional.
Defendant herein was indicted by a Queens County Grand Jury on April 30, 1974. He was charged with the crime of murder (Penal Law, § 125.25) in that he...
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