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PEOPLE v. VARGAS

179 Misc.2d 236 (1998)

684 N.Y.S.2d 848

The People of the State of New York, Plaintiff, v. Noel Vargas, Defendant.

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

December 22, 1998

Attorney(s) appearing for the Case

New York County Defender Services (Joseph Van De Mark of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County (Jennifer Toritto of counsel), for plaintiff.

SUZANNE M. MONDO, J.

Defendant Noel Vargas is charged with obstruction of governmental administration in the second degree.1 He now moves to dismiss for facial insufficiency.

The accusatory instrument alleges that Detective Alfred Lorenz "[o]bserved the defendant holding marijuana which was burning in a public place in open public view." It further alleges that Detective...

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