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PEOPLE v. RIZZO

189 Misc.2d 649 (2001)

735 N.Y.S.2d 916

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSEPH E. RIZZO, JR., Defendant.

District Court of Nassau County, First District.

October 1, 2001.

Attorney(s) appearing for the Case

Roger H. Hausch, Mineola, for defendant.

Denis E. Dillon, District Attorney of Nassau County, Mineola, for plaintiff.

OPINION OF THE COURT

SUSAN T. KLUEWER, J.

Defendant's motion to dismiss the accusatory instrument as defective is granted.

Defendant stands accused of assault in the third degree (Penal Law § 120.00 [1]). The accusatory instrument filed in this case is labeled "misdemeanor complaint" (see CPL 1.20 [1]). It was sworn to by Police Officer Frank A. Ruvolo on July 27, 2001 at approximately 6:00...

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