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PEOPLE v. BROWN

01821-2011

40 Misc.3d 821 (2013)

970 N.Y.S.2d 391

2013 NY Slip Op 23222

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LAURENT BROWN, Defendant.

Supreme Court, Erie County.

Decided June 26, 2013.

Attorney(s) appearing for the Case

Andrew C. LoTempio for defendant. Michael A. Siragusa , County Attorney ( Jeremy C. Toth of counsel), for plaintiff.

OPINION OF THE COURT

M. WILLIAM BOLLER, J.

Defendant has moved this court to dismiss his violation of probation, which he was sentenced to pursuant to Vehicle and Traffic Law §§ 1193, 1198 and Penal Law § 60.21, on the grounds that those sections are unconstitutional for vagueness; that defendant cannot be placed on probation after serving a one-year definite sentence; and that punishment for violation of such probation is in violation of...

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