People v. Cohen

Defendant moves to dismiss Grand Jury indictment Nos. 4028, 4029, 4146, 4280 and 4281, all of the year 1960, on the grounds that subdivisions 3 and 6 of section 596 [subd. 3 noAV repealed; subd. 6 renumbered subd. 5] and section 609 of the Judiciary Law, under which the Grand Jury returning *874the indictments was chosen, are unconstitutional and invalid “ by reason of repugnancy to the due process clause and equal protection clauses ” of the Fourteenth Amendment of the Constitution of the United States and the Constitution of the State of New York, in that as to subdivision 3 of section 596 “…