Defendant moves this court for a judgment declaring section 353 of New York's Agriculture and Markets Law to be unconstitutional. This motion is being made pursuant to CPL 170.35 (subd 1, par [c]). The primary question presented here is: whether section 353 of the Agriculture and Markets Law is unconstitutional on the ground that the statute is too vague for the ordinary person to know what conduct is proscribed by the statute? The...
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