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PEOPLE v. ALLEN

177 Misc.2d 1047 (1997)

681 N.Y.S.2d 721

The People of the State of New York, Appellant, v. Christopher Allen et al., Respondents.

County Court, Monroe County.

September 22, 1997

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney of Monroe County (Thomas Rainbow Morse of counsel), for appellant. Edward J. Nowak, Public Defender of Monroe County (David Juergens of counsel), for Christopher Allen, respondent.

PATRICIA D. MARKS, J.

This is a decision on appeal from a judgment of Rochester City Court (Teresa D. Johnson, J.) dismissing the informations on all the respondents for criminal solicitation in the fifth degree on the ground that in each instance the exemption under the Penal Law prohibited a finding of guilt as a matter of law (Penal Law § 100.20). Respondents are all similarly situated in that they...

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