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PEOPLE v. RICH

137 Misc.2d 474 (1987)

The People of the State of New York, Plaintiff, v. James Rich, Defendant.

Supreme Court, Monroe County.

September 22, 1987

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (William Easton of counsel), for defendant. Howard R. Relin, District Attorney (Mary Ann Hawco of counsel), for plaintiff.

JOHN D. DOYLE, J.

Defendant stands charged under indictment No. 361 with the crimes of rape in the third degree and endangering the welfare of an incompetent person. Defendant now moves for an order dismissing the indictment on various grounds and dismissal of the indictment based on the unconstitutionality of Penal Law §§ 130.10 and 25.00 (2).

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