The defendant is charged in a misdemeanor information with petit larceny (Penal Law § 155.25) arising from a November 16, 1984 incident in which a pocketbook was allegedly taken from Saliva Dimiame. The defendant moves for an order directing that CPL 340.40 (2) be declared unconstitutional or, in the alternative, for an order directing that the current charges be tried before a jury.
CPL 340.40 (2) was amended by...
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