PEOPLE v. SANTORELLI


80 N.Y.2d 875 (1992)

The People of the State of New York, Respondent, v. Ramona Santorelli and Mary Lou Schloss, Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 7, 1992.


Attorney(s) appearing for the Case

Herald Price Fahringer and Diarmuid White for Ramona Santorelli, appellant.

Donald W. O'Brien, Jr., for Mary Lou Schloss, appellant.

Howard R. Relin, District Attorney (Elizabeth Clifford of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge TITONE concurs in result in an opinion in which Judge SIMONS concurs.


MEMORANDUM.

The order of Monroe County Court should be reversed and the informations dismissed.

Defendants' claim that Penal Law § 245.01 offends the Equal Protection Clauses of the Federal and State Constitutions was expressly passed upon by County Court, and its disposition of that claim was a necessary basis for its order of reversal of the Rochester City Court which had dismissed the informations (see...

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