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PEOPLE v. RILEY

1302-09

32 Misc.3d 626 (2011)

920 N.Y.S.2d 617

2011 NY Slip Op 21116

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. BRYAN RILEY, Defendant.

Supreme Court, Queens County.

Decided March 31, 2011.

Attorney(s) appearing for the Case

Marvyn M. Kornberg , Kew Gardens, for defendant.

Richard A. Brown , District Attorney ( Dianna L. Megias of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD L. BUCHTER, J.

The defendant moves to dismiss count four of the indictment (Penal Law § 120.05 [12]), assault in the second degree, on the grounds that it is unconstitutional as a denial of equal protection under the Fifth and Fourteenth Amendments of the United States Constitution and the New York State Constitution. The defendant also argues it is unconstitutional because it...

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