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PEOPLE v. UPSHAW

190 Misc.2d 704 (2002)

741 N.Y.S.2d 664

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. REGGIE UPSHAW, Defendant.

Criminal Court, New York County.

March 19, 2002.

Attorney(s) appearing for the Case

Lois A. White, Shrub Oak, for defendant.

Robert M. Morgenthau, District Attorney (Jeremy Saland of counsel), for plaintiff.

OPINION OF THE COURT

WILLIAM M. HARRINGTON, J.

Motion to Dismiss Based upon Lack of Facial Sufficiency

It is alleged that, within days of the September 11, 2001 terrorist assault on the World Trade Center, defendant and several alleged accomplices, on 42nd Street in the vicinity of Times Square, shouted at a gathering crowd of approximately 50 people in praise of the terrorist attack and the resulting deaths of police officers, firefighters...

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