The defendant is charged with a violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law. On August 28, 1978 the defendant moved to dismiss the accusatory instrument. In its answering affidavits the People argued that the instrument, though based on information and belief without stating the source of the information and belief, conformed to the requirements of CPL 100.15, and as such was sufficient as a misdemeanor...
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