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PEOPLE v. BOYKIN

135 Misc.2d 341 (1987)

The People of the State of New York, Plaintiff, v. Kevin Boykin, Defendant.

Criminal Court of the City of New York, Queens County.

April 10, 1987

Attorney(s) appearing for the Case

Caesar D. Cirigliano and Marl Herzog for defendant. John J. Santucci, District Attorney (Thomas Carton), for plaintiff.

RANDALL T. ENG, J.

Defendant moves to dismiss the instant accusatory instrument pursuant to CPL 170.30 alleging that there are insufficient factual allegations to support the charges of menacing (Penal Law § 120.15) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]).

The factual portion of the complaint signed by deponent Police Officer Mark Petito of the New...

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