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PEOPLE v. TOBACK

170 Misc.2d 1011 (1996)

652 N.Y.S.2d 946

The People of the State of New York, Plaintiff, v. Jack Toback, Defendant.

City Court of Long Beach.

December 17, 1996

Attorney(s) appearing for the Case

Migliore & Infranco, P. C., Commack (Rudolph F. X. Migliore of counsel), and Clifton Budd & DeMaria, L. L. P., New York City (Kevin J. McGill of counsel), for defendant. Joel K. Asarch, Corporation Counsel of Long Beach (Corey E. Klein of counsel), for plaintiff.

ROY TEPPER, J.

Defendant is charged with 16 violations of chapter 16 of the City of Long Beach Code of Ordinances (Noise Code). Defendant has moved for dismissal of the informations/complaints pursuant to CPL 170.30 (1) (a) and 170.35 (1) (c) upon the grounds that the statute is unconstitutional on its face and in its application. Defendant also moves for dismissal pursuant to CPL 170.40 in the interests of...

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