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PEOPLE v. BENJAMIN

185 Misc.2d 466 (2000)

713 N.Y.S.2d 247

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ISAIAH BENJAMIN, FRED FROST, WOODY HENDERSON and ALFRED SHARPTON, Defendants. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. VELMA BABCOTT, ELLE BRAXTON and CYNTHIA DAVIS, Defendants. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. FELTON DAVIS and ASKIA ROUNDTREE, Defendants.

Criminal Court, New York County.

March 8, 2000.

Attorney(s) appearing for the Case

Scheurer, Wiggin & Hardy, L. L. P. (Michael A. Hardy of counsel), for defendants.

Robert M. Morgenthau, District Attorney of New York County (Robert Ferrari of counsel), for plaintiff.

OPINION OF THE COURT

CAROL R. EDMEAD, J.

In each of these cases, which the court has consolidated for decision, the People have charged the defendants with violating, inter alia, a New York City Department of Parks and Recreation regulation, 56 RCNY 1-03 (c) (1) (Park Rule 1-03 [c] [1]). The defendants move to dismiss the charges on the grounds that, on its face or as applied, the regulation is contrary...

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