PEOPLE v. KOERTGE


182 Misc.2d 183 (1998)

701 N.Y.S.2d 588

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ROBERT H. KOERTGE, JR., Defendant.

District Court of Nassau County.

December 4, 1998.


Attorney(s) appearing for the Case

Keith A. Lavallee, Freeport (Joseph Lilly of counsel), for defendant.

Denis E. Dillon, District Attorney of Nassau County, Hempstead (Robert I. Satran of counsel), for plaintiff.


OPINION OF THE COURT

MICHAEL A. FIECHTER, J.

DECISION UPON MOTION

Defendant's motion challenges the constitutionality of CPL 530.12 and 530.13, arguing that the failure of these statutes to provide for an adversarial evidentiary hearing—at defendant's request—before a temporary order of protection is issued or continued deprives defendant and others similarly situated of due process guarantees of the Fifth and Fourteenth Amendments...

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