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PEOPLE v. HUNT

162 Misc.2d 70 (1994)

616 N.Y.S.2d 168

The People of the State of New York, Plaintiff, v. Eric Hunt, Defendant.

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

August 10, 1994

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Robert M. Baum and Arnold J. Levine of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Todd Greeley of counsel), for plaintiff.

SHERYL L. PARKER, J.

Defendant is charged with possession of a gambling device (Penal Law § 225.30 [2]) and promoting gambling in the second degree (Penal Law § 225.05). The charges stem from allegations that defendant was running a game of three-card monte.

Defendant moves to dismiss the accusatory instrument on the ground that it is facially insufficient. For the reasons set forth below, defendant's motion is granted.

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