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PEOPLE v. DIAZ

146 Misc.2d 260 (1990)

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

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

January 3, 1990

Attorney(s) appearing for the Case

Jerry Vasquez for defendant. Robert T. Johnson, District Attorney (Thomas Kapp of counsel), for plaintiff.

MICHAEL J. OBUS, J.

Defendant, Richard Diaz, moves to dismiss an information charging him with attempted intimidating a witness in the third degree (Penal Law §§ 110.00, 215.15 [1]) and menacing (Penal Law § 120.15), claiming that the former offense is a "legal impossibility" and the latter is unsupported by the facts alleged in the accusatory instrument. The court is compelled to agree.

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