People v. Riley

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 *628grounds 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 is overly broad, arbitrary, capricious and unduly vague as applied to the defendant in the instant case.

Penal Law § 120.05 (12), provides in pertinent part as follows:

“A person is guilty of…