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PEOPLE v. DIAZ

188 Misc.2d 341 (2001)

727 N.Y.S.2d 298

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. THEODORE DIAZ, Defendant.

Supreme Court, New York County.

June 15, 2001.

Attorney(s) appearing for the Case

Legal Aid Society, Kew Gardens (Michele Maxian and Michelle Gelernt of counsel), for defendant.

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

OPINION OF THE COURT

JEFFREY M. ATLAS, J.

The defendant has been indicted for assault in the third degree as a hate crime. In a pretrial motion, the defendant seeks dismissal of the indictment by challenging the constitutionality of the recently enacted Hate Crimes Act of 2000 (Penal Law §§ 485.00-485.10). Sections 485.05 and 485.10 of the Penal Law, as they apply in this case, enhance the penalties...

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