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PEOPLE v. MODICA

187 Misc.2d 635 (2001)

724 N.Y.S.2d 825

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RICHARD MODICA, Defendant.

Criminal Court, Richmond County.

March 30, 2001.

Attorney(s) appearing for the Case

Philip O. Ohene, Staten Island, for defendant.

William L. Murphy, District Attorney of Richmond County, Staten Island (Shara LaRosa of counsel), for plaintiff.

OPINION OF THE COURT

WILLIAM E. GARNETT, J.

The defendant is charged with attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]) and harassment in the second degree (Penal Law § 240.26 [1]).

The defendant moves to dismiss the accusatory instrument on the ground that it has not been converted to an information. The People have offered the Domestic Incident Report, hereinafter

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