People v. Memminger

OPINION OF THE COURT

Gloria Goldstein, J.

Defendant Edward Memminger, joined by his codefendant Sherman Williams, moves for an order dismissing the indictment against him in the interests of justice and on the ground that there exists a jurisdictional or legal impediment to conviction for the offense charged. Specifically, defendant contends that the People have violated his constitutional equal protection and due process rights by seeking to imprison him solely because he lacked the financial resources to make restitution for the property damage he allegedly caused.

Defendants Memminger and…