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Legal Opinion

People v. Lobianco

Criminal Court of the City of New York

Decided October 14, 2003PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Wayne Saitta, J.

The defendant, Charles Lobianco, is charged with violating Penal Law § 220.45, criminally possessing a hypodermic instrument.

By notice of motion dated July 19, 2003, the defendant moves the court for an order granting the following relief:(1) dismissing the complaint pursuant to CPL 170.35 (1) (c) on the ground that Penal Law § 220.45, as defined by Public Health Law § 3381 is unconstitutionally vague in its application within the meaning of New York Constitution, article I, § 8, and United States Constitution Amendments I, V, and XIV;(2) dismissing the…

2Cases cited19 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Colten v. KentuckySupreme Court of the United States · 1972
  3. People v. DumasNew York Court of Appeals · 1986
  4. People v. DevinnyNew York Court of Appeals · 1919
  5. L.B. v. Town of ChesterDistrict Court, S.D. New York · 2002

14 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. BeckerRochester City Court · 2006
  2. People v. DiSalvo, New York County Courts2006
  3. People v. MahoneyNew York Justice Court · 2011
  4. People v. StokesNew York Supreme Court · 2013
  5. People v. WilliamsMiddletown City Court · 2017

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