PEOPLE v. MICHAEL D


99 Misc.2d 816 (1979)

The People of the State of New York, Plaintiff, v. Michael D., Defendant.

Supreme Court, Criminal Term, Queens County.

April 30, 1979


Attorney(s) appearing for the Case

Norman B. Johnson for defendant. John J. Santucci, District Attorney (William Weiman of counsel), for plaintiff.


NICHOLAS TSOUCALAS, J.

The defendant moves this court for an order pursuant to CPL 440.20 to set aside sentence of this court on the ground that the statute under which he was sentenced was violative of his rights under the equal protection clause and due process clause of the United States Constitution and therefore is invalid as a matter of law. The defendant was convicted upon his plea of guilty to robbery in the second degree, and was sentenced on...

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