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PEOPLE v. FATAL

187 Misc.2d 334 (2001)

723 N.Y.S.2d 609

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. SEAN FATAL and DARRYL WILLIAMS, Defendants.

Supreme Court, Kings County.

February 21, 2001.

Attorney(s) appearing for the Case

Samuel Gregory, Brooklyn, for Sean Fatal, defendant.

Robert Ellis, New York City, for Darryl Williams, defendant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Maria Leonardi of counsel), for plaintiff.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

Defendants Darryl Williams and Sean Fatal move to dismiss count 5 of the indictment, charging them both with gang assault in the first degree (Penal Law § 120.07), on the ground that the statute is unconstitutional, facially and as applied. Defendants contend that: (1) the wording and title of the statute allow the prosecution to denominate an individual charged under its provisions with being a gang member...

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