People v. Gazulis

James E. Carroll, Jr.,

Acting Judge. The defendant has moved to dismiss the information accusing him of violating section 986-b of the Penal Law upon the grounds that said section is unconstitutional for the following reasons:(a) The statute, in question, is too vague and indefinite to prescribe a crime, and(b) The presumption created by the statute violates the constiutional requirement of due process of law.

The section in question reads: ‘ ‘ Amy person other than a peace officer in the performance of his duty as such, who shall knowingly have possession of any writing, paper or document…