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PEOPLE v. LUGO

181 Misc.2d 811 (1999)

695 N.Y.S.2d 685

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RAFAEL LUGO, Defendant.

Supreme Court, Kings County.

August 2, 1999.

Attorney(s) appearing for the Case

Adrian Lesher for defendant.

Charles J. Hynes, District Attorney of Kings County (Michael E. Ryan of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. LEVENTHAL, J.

The defendant, Rafael Lugo, moves to dismiss the indicted charge of assault in the first degree (Penal Law § 120.10 [2]) pursuant to CPL 210.20 (1) (b). The defendant contends that the People failed to present a prima facie case before the Grand Jury in that the evidence was legally insufficient to show that the defendant "[w]ith intent to disfigure another person...

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