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PEOPLE v. LEGRAND

88 Misc.2d 41 (1976)

The People of the State of New York, Plaintiff, v. Devernon Legrand and Steven Legrand, Defendants.

Supreme Court, Criminal Term, Kings County.

October 14, 1976

Attorney(s) appearing for the Case

Frank Lopez for Steven Legrand, defendant. Evseroff & Sonnenshine (William Sonnenshine of counsel), for Devernon Legrand, defendant. Eugene Gold, District Attorney (Steven Wax of counsel), for plaintiff.

JOSEPH R. CORSO, J.

This is a motion by defendants for an order pursuant to CPL 210.35 (subd 1) dismissing the indictment issued against them on the grounds that the Grand Jury which issued it was improperly constituted.

Defendants challenge the constitutionality of section 598 of the Judiciary Law on due process and equal protection grounds. That section reads, insofar as applicable, as follows: "Each...

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