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PEOPLE v. LINK

107 Misc.2d 973 (1981)

The People of the State of New York, Plaintiff, v. Carol Link and Debra Meltsner, Defendants.

Criminal Court of the City of New York, New York County.

February 23, 1981

Attorney(s) appearing for the Case

Kassner & Detsky, P. C. (Kenneth R. Fields of counsel), for defendants. Robert M. Morgenthau, District Attorney (Jane Sachs of counsel), for plaintiff.

WILLIAM M. ERLBAUM, J.

Defendants, Carol Link and Debra Meltsner, are charged with the crime of prostitution.1 They have moved for trial by jury, claiming that CPL 340.40 (subd 2)2 (which directs that the trial shall be before a single Judge) is unconstitutional, first, because prostitution is not a "petty" but a "serious" offense requiring trial by jury under the Federal Constitution,

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