Ordered that the order is reversed insofar as appealed from, on the law, and the matter is remitted to the County Court, Orange County, for further proceedings in accordance herewith.
Under the facts of this case, the County Court should not have passed upon the constitutionality of Penal Law § 120.05 (10) without first providing notice to the State Attorney General, as required by CPLR 1012 (b) and Executive Law § 71. Accordingly, we remit the matter to...
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