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PEOPLE v. CAIN

179 Misc.2d 708 (1999)

686 N.Y.S.2d 289

The People of the State of New York, Plaintiff, v. John Cain and Luis Manchaca, Defendants.

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

February 8, 1999

Attorney(s) appearing for the Case

Kevin Patrick McGovern, Brooklyn, for defendants. Robert M. Morgenthau, District Attorney of New York County (Seth B. Davis of counsel), for plaintiff.

ELLEN M. COIN, J.

Defendants are charged with assault in the third degree (Penal Law § 120.00) (two counts), harassment in the second degree (Penal Law § 240.26), petit larceny (Penal Law § 155.25) and criminal possession of stolen property in the fifth degree (Penal Law § 165.40). They move for an order dismissing the fourth and fifth counts of the complaint, charging violations of Penal...

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