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PEOPLE v. BAKER

14 Misc.3d 629 (2006)

826 N.Y.S.2d 550

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. STEVEN R. BAKER, Defendant.

County Court, Essex County.

July 13, 2006.

Attorney(s) appearing for the Case

Livingston L. Hatch, Public Defender, Elizabethtown, for defendant.

Julie A. Garcia, District Attorney, Elizabethtown (Robert M. Winn of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD B. MEYER, J.

Defendant challenges count two of a five-count indictment, charging him with vehicular manslaughter in the second degree as defined in Penal Law § 125.12 (1), a class D felony, on the grounds that the statute defining the offense is unconstitutional or otherwise invalid (CPL 210.25 [3]). Specifically, defendant claims that Penal Law § 125.12 violates the...

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