Nassau County District Court December 4, 1998 (People v. Koertge)

OPINION OF THE COURT

Michael A. Fiechter, J.

DECISION UPON MOTION

Defendant’s motion challenges the constitutionality of CPL 530.12 and 530.13, arguing that the failure of these statutes to provide for an adversarial evidentiary hearing — at defendant’s request — before a temporary order of protection is issued or continued deprives defendant and others similarly situated of due process