OPINION OF THE COURT
EDWIN S. SHAPIRO, J.
The defendant, charged with aggravated harassment in the second degree, a class A misdemeanor, pursuant to section 240.30 (1) of the Penal Law, has moved to dismiss the charge pursuant to CPL 100.40 on the ground that the accusatory instrument is defective, and pursuant to CPL 210.40 on the ground that the circumstances surrounding this action warrant a dismissal in the interest of justice.
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