Defendant is charged with making graffiti (Penal Law § 145.60 [2]), criminal mischief, fourth degree (Penal Law § 145.00 [1]), possession of graffiti instruments (Penal Law § 145.65), and unlawfully posting advertisements (Penal Law § 145.30). Defendant moves to dismiss counts one, two and three of the complaint pursuant to CPL 170.30 and 170.35 on the ground that the...
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