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PEOPLE v. CROSBY

140 Misc.2d 904 (1988)

The People of the State of New York, Plaintiff, v. Donald S. Crosby, Defendant.

District Court of Suffolk County, First District.

August 15, 1988

Attorney(s) appearing for the Case

George Harmel for defendant. Patrick Henry, District Attorney, for plaintiff.

MARQUETTE FLOYD, J.

The defendant is charged in a prosecutor's information with criminal trespass, second degree (Penal Law § 140.15), and criminal mischief, fourth degree (Penal Law § 145.00 [1]), both of which offenses are misdemeanors, and he moves to dismiss this prosecution on the ground the accusatory instrument is defective for failure to satisfy the requirements of CPL 100.40 (see, CPL 170.30 [1] [a]; 170.35 [1] [a]). Alternatively...

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