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PEOPLE v. TORRES

184 Misc.2d 429 (2000)

708 N.Y.S.2d 578

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RICHARD TORRES and MICHAEL NEAL, Defendants.

Criminal Court, New York County.

April 13, 2000.

Attorney(s) appearing for the Case

Bennett Epstein, New York City, for defendants.

Robert M. Morgenthau, District Attorney of New York County, New York City (Edward McCutcheon of counsel), for plaintiff.

OPINION OF THE COURT

GABRIEL W. GORENSTEIN, J.

The defendants are charged with criminal mischief in the fourth degree (Penal Law § 145.00 [1]), making graffiti (Penal Law § 145.60 [2]) and possession of graffiti instruments (Penal Law § 145.65). The accusatory instrument states in pertinent part that defendant Torres was observed "removing posters from scaffolding at" Broadway and 49th Street...

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