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PEOPLE v. RYAN

168 Misc.2d 317 (1996)

644 N.Y.S.2d 118

The People of the State of New York, Plaintiff, v. Thomas Ryan, Also Known as Daniel Walsh, Defendant.

Supreme Court, New York County.

March 18, 1996

Attorney(s) appearing for the Case

Kenneth Walsh for defendant. Robert M. Morgenthau, District Attorney of New York County (Jeanne A. Olivo of counsel), for plaintiff.

BUDD G. GOODMAN, J.

The defendant was indicted on November 2, 1995 for the crimes of burglary in the second degree (Penal Law § 140.25 [2]) and possession of burglar's tools (Penal Law § 140.35).

The defendant, in his omnibus motion, has moved pursuant to CPL 210.20 to either (i) dismiss the indictment or (ii) reduce the charge to burglary in the third degree, on the ground that insufficient evidence was presented by the People to the...

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