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PEOPLE v. CALIXTO

2010NY027621

29 Misc.3d 798 (2010)

908 N.Y.S.2d 339

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LOUIS CALIXTO, Defendant.

Criminal Court of the City of New York, New York County.

Decided September 8, 2010.

Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Geoffrey K. Bickford of counsel), for defendant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Nicholas Leddy of counsel), for plaintiff.

OPINION OF THE COURT

MICHAEL J. YAVINSKY, J.

The defendant is charged with one count each of assault in the third degree (Penal Law § 120.00 [1]) and harassment in the second degree (Penal Law § 240.26 [1]).

Defendant, in an omnibus motion, seeks: (1) dismissal of the count of assault in the third degree for facial insufficiency, (2) a Huntley/Dunaway hearing, (3) a Wade/Dunaway hearing, (4) an order precluding statement and...

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