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PEOPLE v. FRANK S.

183 Misc.2d 622 (2000)

705 N.Y.S.2d 171

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. FRANK S., Defendant. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MIGUEL R., Defendant. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MATEO R., Defendant.

Criminal Court, Bronx County.

January 24, 2000.

Attorney(s) appearing for the Case

Legal Aid Society, Bronx (Michele Maxian and Danielle W. Follett of counsel), for Frank S., defendant.

William Sacks, New York City, for Miguel R., defendant.

Terrance O'Connell, New York City, for Mateo R., defendant.

Robert T. Johnson, District Attorney of Bronx County (Tarek Rahman, Ross Goldstein and Stephanie Kenney of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH J. DAWSON, J.

The defendants in these cases have been charged with public lewdness in violation of section 245.00 (a) of the Penal Law. Defendant Frank S. also has been charged with exposure of a person in violation of section 245.01 of the Penal Law. All three cases involve incidents of sexual conduct that allegedly occurred on subway platforms. All three defendants move to dismiss on the theory that the accusatory instruments...

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