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PEOPLE v. SCHENCK

154 Misc.2d 937 (1992)

The People of the State of New York, Plaintiff, v. Robert L. Schenck, Defendant.

City Court of City of Buffalo.

June 16, 1992

Attorney(s) appearing for the Case

Ronald M. Cinelli for defendant. Kevin M. Dillon, District Attorney of Erie County, Buffalo (Patricia I. Carrington and Horace Hutson of counsel), for plaintiff.

MICHAEL L. BRODERICK, J.

The defense has brought this motion to dismiss the accusatory instrument filed against defendant Robert Schenck pursuant to CPL 100.40 and 170.35 on the grounds that the instrument is facially insufficient. The defense also moves to dismiss the information on the basis that the charge brought against the defendant was unconstitutionally applied so as to abridge his rights of free speech...

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