The facts are undisputed. On August 21, 1986, the New York City Police Department "raided" more than 200 Manhattan retail stores, including those owned by the plaintiffs, seizing approximately 46,000 glass pipes suitable for "freebasing" crack cocaine. Following the seizures, plaintiffs brought this action for a judgment declaring Public Health Law § 3387 (3) and § 3388 to be unconstitutional on the grounds that section 3387 (3) is unconstitutionally vague and that...
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