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PEOPLE v. TABB

80 Misc.2d 431 (1975)

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

Supreme Court, New York County.

February 3, 1975

Attorney(s) appearing for the Case

Frank J. Rogers, Special Assistant District Attorney (Charles J. Hefferman, Jr., of counsel), for plaintiff. Eleanor J. Piel for defendant.

MORRIS AARONS, J.

The defendant in this case moves to dismiss the indictment on the ground that he was indicted by a Grand Jury selected by standards which violated the equal protection law of the Constitution. The section involved on this motion is subdivision 7 of section 665 of the Judiciary Law. Defendant has further requested a "hearing to establish that the effect of the unconstitutional procedure is...

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