What is the test for a motion to invalidate a statute?
"New York", United States of America
The following excerpt is from People v. Hollstegge, 129 Misc.2d 580, 493 N.Y.S.2d 720 (N.Y. Vill. Ct. 1985):
The presumption of constitutionality of a legislative act is well recognized and courts of first instance should not declare a statute unconstitutional unless its invalidity is demonstrated beyond a reasonable doubt. People v. Pagnotta, 25 N.Y.2d 333, 305 N.Y.S.2d 484, 253 N.E.2d 202; Matter of Van Berkel v. Power, 16 N.Y.2d 37, 40, 261 N.Y.S.2d 876, 209 N.E.2d 539. Nevertheless, these motions will be decided on their merits.
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