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PEOPLE v. DAVIDSON

181 Misc.2d 999 (1999)

696 N.Y.S.2d 640

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JAYSON DAVIDSON, Defendant.

Supreme Court, Monroe County.

August 23, 1999.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County (Roger Brazill of counsel), for defendant.

Howard R. Relin, District Attorney of Monroe County (Timothy Prosperi of counsel), for plaintiff.

OPINION OF THE COURT

DONALD J. MARK, J.

This is an application by the defendant, who after a jury trial was found not guilty of two narcotic possession charges but guilty of the violation of loitering, pursuant to CPL 330.30 (1), to vacate the guilty verdict upon the ground that the loitering statute is unconstitutional,1 and as such would require a reversal of the conviction as...

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