The four defendants herein have been charged with a violation of subdivision 3 of section 240.20 of the Penal Law, disorderly conduct. One of them, William Philpin, has moved for an order to dismiss the information on the ground that (1) it is defective because the statute defining the offense is unconstitutional or otherwise invalid citing CPL 170.30 (subd 1, par [a]) and 170.35 (subd 1...
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