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People v. Hertz

85 Misc. 2d 1036 Court Supreme Court, Appellate Term, Second Department, Decision date 1976-01-09 English

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p. 1036
The People of the State of New York, Appellant, v Fred Hertz, Respondent.
Supreme Court, Appellate Term, Second Department,
January 9, 1976
p. 1037
Denis Dillon, District Attorney (Thomas A. Adams of counsel), for appellant. James J. McDonough, Matthew Muraskin and Harry D. Hersh for respondent.

Memorandum. Order dismissing information unanimously reversed on the law, information reinstated and matter remanded for trial.

In our opinion, section 270.05 of the Penal Law does not violate due process by reason of its being overly broad (People v Duskin, NYLJ, May 19, 1975, p 19, col 2).

Concur: Glickman, P.J., Pittoni and Gagliardi, JJ.