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PEOPLE v. MACHADO

182 Misc.2d 194 (1999)

698 N.Y.S.2d 416

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CARLOS MACHADO, Defendant.

Criminal Court, Bronx County.

August 11, 1999.

Attorney(s) appearing for the Case

John T. Yu, Bronx, for defendant.

Robert T. Johnson, District Attorney of Bronx County (Jennifer Calhoun of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH J. DAWSON, J.

CPL 140.45 requires a local criminal court to dismiss an accusatory instrument when it is facially insufficient (see, CPL 100.40) and when "the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file an accusatory instrument which is sufficient on its face." (See, CPL 140.45.) Beyond restricting this...

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