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PEOPLE v. JOSHUA

142 Misc.2d 842 (1989)

The People of the State of New York, Plaintiff, v. Rurico Joshua, Defendant.

Supreme Court, Kings County.

February 8, 1989

Attorney(s) appearing for the Case

Calvin Simon for defendant. Elizabeth Holtzman, District Attorney (Ann Gutman of counsel), for plaintiff.

LORRAINE MILLER, J.

Defendant, a juvenile offender, moves for dismissal of the first count of the indictment which charges him with robbery in the second degree. (Penal Law § 160.10 [1].) The indictment also charges defendant with robbery in the second degree (Penal Law § 160.10 [2] [a]), grand larceny in the fourth degree and assault in the second and third degrees. The operative facts from which the indictment emanates are as follows.

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