The defendant, charged herein with violating section 120.00 of the Penal Law (assault in the third degree), section 265.01 of the Penal Law (criminal possession of a weapon in the fourth degree) and section 270.00 of the Penal Law (unlawfully dealing with fireworks), has moved to dismiss the accusatory instrument in the interests of justice pursuant to CPL 170.40. Oral argument on the motion was made before this court on September 28...
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