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PEOPLE v. LOBIANCO

2 Misc.3d 419 (2003)

766 N.Y.S.2d 807

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CHARLES LOBIANCO, Defendant.

Criminal Court of the City of New York, Kings County.

October 14, 2003.

Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn (Russell Neufeld and Titus Mathai of counsel), for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Kirby F. Payne of counsel), for plaintiff.

OPINION OF THE COURT

WAYNE SAITTA, J.

The defendant, Charles Lobianco, is charged with violating Penal Law § 220.45, criminally possessing a hypodermic instrument.

By notice of motion dated July 19, 2003, the defendant moves the court for an order granting the following relief:

(1) dismissing the complaint pursuant to CPL 170.35 (1) (c) on the ground that Penal Law § 220.45, as defined by Public Health Law § 3381 is unconstitutionally...

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