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PEOPLE v. FOLK

109 Misc.2d 738 (1981)

The People of the State of New York, Plaintiff, v. Fredd Folk, Defendant.

Supreme Court, Criminal Term, New York County.

June 22, 1981

Attorney(s) appearing for the Case

Enid K. Gerling for defendant. Robert M. Morgenthau, District Attorney (Laura Drager of counsel), for plaintiff.

HAROLD J. ROTHWAX, J.

The defendant was charged with attempted use of a child in a sexual performance (Penal Law, §§ 110, 263.05) and unrelated crimes. He pleaded guilty to that charge to cover the indictment. Subsequent to his plea, but prior to sentence, the Court of Appeals decided People v Ferber (52 N.Y.2d 674) declaring a related provision of the statute (L 1977, ch 910) unconstitutionally overbroad...

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