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PEOPLE v. DIAZ

147 Misc.2d 121 (1990)

The People of the State of New York, Plaintiff, v. Anthony Diaz, Defendant.

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

April 25, 1990

Attorney(s) appearing for the Case

Robert M. Baum and Michelle Kagan for defendant. Robert M. Morgenthau, District Attorney (Joseph Sullivan of counsel), for plaintiff.

PETER J. BENITEZ, J.

The defendant is charged with theft of services (Penal Law § 165.15 [3]), and possession of an imitation pistol (Administrative Code of City of New York § 10-131 [g]). At arraignment, defendant orally moved to dismiss the Administrative Code charge, arguing that the factual allegations in the accusatory instrument failed to allege facts of an evidentiary nature supporting all...

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