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PEOPLE v. BIMONTE

187 Misc.2d 677 (2001)

726 N.Y.S.2d 830

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JEFFREY D. BIMONTE, Defendant.

Criminal Court, Queens County.

February 2, 2001.

Attorney(s) appearing for the Case

Joseph T. Klempner, East Chatham, for defendant.

Richard A. Brown, District Attorney of Queens County (John Carroll of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES J. HEFFERNAN, JR., J.

This case presents the question whether defendant's motion for an order setting aside the verdict in this case pursuant to CPL 330.30 (1) should be granted on the ground that the statute of which he has been convicted of attempting to violate is unconstitutional as applied to the circumstances at bar. For the reasons which follow, the motion should be denied...

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