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PEOPLE v. CHOO

152 Misc.2d 324 (1991)

The People of the State of New York, Plaintiff, v. Stewart Choo, Defendant.

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

October 17, 1991

Attorney(s) appearing for the Case

Legal Aid Society (Robert M. Baum and Jonathan Heller of counsel), for defendant. Robert M. Morgenthau, District Attorney (Marc Agnifilo of counsel), for plaintiff.

PETER J. BENITEZ, J.

Defendant is charged with criminal mischief in the fourth degree (Penal Law § 145.00) and criminal tampering in the third degree (Penal Law § 145.14). Defendant moves to dismiss the accusatory instrument pursuant to CPL 170.30 and 170.35, alleging that the factual allegations do not establish the offenses charged.

The accusatory instrument alleges, in substance, that...

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