The defendant herein is charged with violating Penal Law § 265.01 (2) in that he possessed a dangerous or deadly instrument or weapon, to wit, a pellet gun with intent to use unlawfully against another.
He now moves to dismiss the charge on the grounds that the People have violated the strictures of CPL 30.30 (1) (b) in that they have failed to submit a ballistics report within 90 days from the commencement of the criminal...
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