PEOPLE v. HARRIS


129 Misc.2d 577 (1985)

The People of the State of New York, Plaintiff, v. Alpha Harris, Defendant.

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

September 3, 1985


Attorney(s) appearing for the Case

Caesar Cirigliano and Joseph A. Suraci for defendant. Robert M. Morgenthau, District Attorney (Lisa De Pasquale of counsel), for plaintiff.


MAX SAYAH, J.

The defendant Alpha Harris has moved, pursuant to CPL 170.30 (1) (a) and 170.35 (1) (c), to dismiss the charge against him of exposure of a person, in violation of Penal Law § 245.01. Mr. Harris contends that section 245.01 is so overbroad, vague and ambiguous as to violate his rights of due process of law as guaranteed by the US Constitution 14th Amendment. In effect, he attacks the constitutionality of the statute. For the reasons...

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