This is a motion brought by defendant under CPL 170.30 (subd. 1, par. [a]) and CPL 170.35 (subd. 1, par. [c]), for dismissal of the information against her, wherein she is charged with violating section 130.38 of the Penal Law. Defendant's motion should be granted, on the specific ground that the subject statute, i.e., section 130.38 of the Penal Law and, to the extent therein incorporated...
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