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PEOPLE v. GIVENS

164 Misc.2d 463 (1995)

624 N.Y.S.2d 790

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

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

March 10, 1995

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Robert M. Baum and Timothy M. Casey of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Arthur E. Brown of counsel), for plaintiff.

JOHN CATALDO, J.

By notice of motion dated December 28, 1994, defendant Givens moves for an order granting dismissal of the accusatory instrument for facial insufficiency pursuant to CPL 170.30 (1) (a) and 170.35 (1) (a). The accusatory instrument charged the defendant with auto stripping in the second degree (Penal Law § 165.09 [1]), criminal mischief in the fourth degree (Penal Law § 145.00 [1]...

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