Defendant, as part of his omnibus motion, moves for an order dismissing counts Nos. 3 and 4 of the indictment on the grounds that they are based upon the same offense as charged in count No. 1 and constitute separate prosecutions based upon the same criminal transaction, thereby violating CPL 40.20.
The defendant was indicted for the crimes of criminal possession of a weapon, second degree (count No. 1); criminal possession...
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