The defendant, Michael Applewhaite, moves to dismiss the second count of the indictment on the ground that it "fails to state facts sufficient to constitute a violation of Penal Law Sec. 195.00."
In the second count of the indictment, the defendant is charged with committing the crime of official misconduct which is defined in section 195.00 of the Penal Law as follows: "A public servant...
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