OPINION OF THE COURT
PATRICK J. McGRATH, J.
The defendant has moved to dismiss the indictment pursuant to CPL 210.25 (3) based upon the allegation that the statute defining the offense is unconstitutional. Specifically, the defendant alleges that section 353-a of the Agriculture and Markets Law is unconstitutionally vague and overbroad, and, therefore, violates the due process provisions of the United States Constitution and the New York Constitution.
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