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NOTEY v. HYNES

No. 76C981.

418 F.Supp. 1320 (1976)

Anton NOTEY et al., Plaintiffs-Petitioners, v. Charles J. HYNES, Individually and as Deputy Attorney General of the State of New York and Director of the Office of the Special State Prosecutor for Health and Social Services, Defendant-Respondent.

United States District Court, E. D. New York.

August 27, 1976.

Attorney(s) appearing for the Case

LaRossa, Shargel & Fischetti, New York City, for plaintiffs-petitioners.

Charles J. Hynes, Deputy Atty. Gen., Hauppauge, N. Y., for defendant-respondent.

OPINION AND ORDER

PLATT, District Judge.

PRELIMINARY STATEMENT

This is an action for an injunction and a declaratory judgment restraining the enforcement of Section 190.40 of the New York Criminal Procedure Law and declaring said statute unconstitutional as violative of the Fifth and Fourteenth Amendments to the Constitution of the United States. Plaintiffs have moved for a preliminary injunction to restrain the defendants from enforcing a grand...

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