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PEOPLE v. TODD

153 Misc.2d 579 (1992)

The People of the State of New York, Plaintiff, v. Cecil Todd, Defendant.

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

March 11, 1992

Attorney(s) appearing for the Case

Legal Aid Society (Robert M. Baum and Stephen Talaber of counsel), for defendant. Robert T. Johnson, District Attorney (Maria T. Rivero of counsel), for plaintiff.

JOSEPH A. GROSSO, J.

The defendant is charged with attempted criminal possession of a weapon in the fourth degree (Penal Law §§ 110.00, 265.01 [1]). He moves for an order dismissing the accusatory instrument contending that there is no such crime under the circumstances of present in this case. The motion is decided as follows:

STATEMENT OF FACTS

The defendant was arrested on December...

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