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SCHLAGLER v. PHILLIPS

No. 97 Civ. 7762(CLB).

985 F.Supp. 419 (1997)

Andrew J. SCHLAGLER, Plaintiff, v. Francis D. PHILLIPS, II, District Attorney of Orange County, Defendant.

United States District Court, S.D. New York.

December 9, 1997.

Attorney(s) appearing for the Case

Robert N. Isseks, Middletown, NY, Alex Smith, Gurda, Gurda & Smith, Middletown, NY, for Plaintiff.

Richard B. Golden, County Attorney, Dept. of Law, Goshen, NY, for Defendant.

MEMORANDUM & ORDER

BRIEANT, District Judge.

Plaintiff moves by Order to Show Cause for a preliminary injunction declaring New York State Penal Law § 240.30(1) unconstitutional on its face and enjoining the Defendant, District Attorney of Orange County, from continuing the criminal prosecution against Plaintiff pending in the Justice Court of the Town of Monroe, New York. Appropriate notice has been given to the Attorney General of New York...

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