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PEOPLE v. ENSLEY

183 Misc.2d 141 (1999)

702 N.Y.S.2d 752

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RICHARD ENSLEY, Defendant.

Criminal Court, New York County.

December 8, 1999.

Attorney(s) appearing for the Case

Legal Aid Society (Louise Seeley of counsel), for defendant.

Robert M. Morgenthau, District Attorney of New York County (Elena Jaffe of counsel), for plaintiff.

OPINION OF THE COURT

PAUL G. FEINMAN, J.

Defendant is charged with a single count of trademark counterfeiting in the third degree (Penal Law § 165.71). He moves to dismiss the accusatory instrument on the ground that it is facially insufficient. For the reasons stated below, defendant's motion is granted.

A misdemeanor information is sufficient on its face when it has both an accusatory part designating...

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