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PEOPLE v. PORTNOY

158 Misc.2d 60 (1993)

600 N.Y.S.2d 900

The People of the State of New York, Plaintiff, v. Michael Portnoy, Defendant.

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

June 17, 1993

Attorney(s) appearing for the Case

Mitchell C. Elman for defendant. Charles J. Hynes, District Attorney of Kings County (Robert S. Gershon of counsel), for plaintiff.

JO ANN FERDINAND, J.

Defendant is charged with four counts of aggravated harassment in violation of Penal Law § 240.30 (1) predicated on his making four telephone calls. He moves to dismiss the accusatory instrument as defective pursuant to CPL 170.30 (1) (a) and 170.35 (1) (a). For the reasons set forth herein, defendant's motion is granted and the information dismissed on the grounds that it is insufficient...

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