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PEOPLE v. CULLINAN

188 Misc.2d 699 (2001)

729 N.Y.S.2d 385

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MARK CULLINAN, Defendant.

Criminal Court, New York County.

July 30, 2001.

Attorney(s) appearing for the Case

Legal Aid Society (David Kapner of counsel), for defendant.

Robert M. Morgenthau, District Attorney of New York County (Leila Kermani of counsel), for plaintiff.

OPINION OF THE COURT

ANALISA TORRES, J.

Defendant moved to dismiss this action on the grounds (1) that 21 NYCRR 1050.7 (e) is unconstitutional, and (2) that the accusatory instrument is facially insufficient.

I dismissed the violation information at arraignment. This constitutes my written opinion.

The accusatory instrument alleges that on May 25, 2000, at the 145th Street and Broadway subway station, Officer Ruperto Montalvo "observed defendant...

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