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PEOPLE v. BENOIT

152 Misc.2d 115 (1991)

The People of the State of New York, Plaintiff, v. Martine Benoit, Defendant.

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

July 25, 1991

Attorney(s) appearing for the Case

Scott Brettschneider for defendant. Legal Aid Society (Anne Moynihan of counsel), for Marie Franck. Charles J. Hynes, District Attorney (Joseph Verga of counsel), for plaintiff.

MICHAEL A. GARY, J.

At issue is whether a private prosecution for a crime, after the District Attorney's office declines to prosecute, constitutes a violation of the defendant's rights to due process and equal protection, and, consequently, whether New York City Criminal Court Act § 50, as applied here, is unconstitutional.

I. PROCEDURAL HISTORY

On February 8, 1991, an altercation occurred...

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