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PEOPLE v. SWINGER

180 Misc.2d 344 (1998)

689 N.Y.S.2d 336

The People of the State of New York, Plaintiff, v. Casimir Swinger, Defendant.

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

November 13, 1998

Attorney(s) appearing for the Case

Roger L. Stavis, New York City, for defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Lee Rudy of counsel), for plaintiff.

LAURA A. WARD, J.

The defendant is charged in a misdemeanor information with two counts of assault in the third degree, in violation of Penal Law § 120.00 (1). In his motion, the defendant seeks, inter alia, an order dismissing the information as facially insufficient pursuant to CPL 170.35. This court has examined the defendant's motion, the People's response, and the applicable case law. For the...

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