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PEOPLE v. GODEK

112 Misc.2d 512 (1982)

The People of the State of New York, Plaintiff, v. Philip Godek, Defendant.

Supreme Court, Criminal Term, Suffolk County.

January 28, 1982

Attorney(s) appearing for the Case

Meyer & Wexler (Ronald R. Sussman of counsel), for defendant. Patrick Henry, District Attorney (Raymond M. Jermyn, Jr., of counsel), for plaintiff.

JOSEPH JASPAN, J.

The defendant is charged with 18 counts of promoting an obscene sexual performance by a child in violation of section 263.10 of the Penal Law.

Defendant moves to dismiss the indictment on the ground that section 263.10 of the Penal Law is unconstitutional. Defendant relies on the Court of Appeals decision in People v Ferber (52 N.Y.2d 674), which held that section 263.15 of the Penal...

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