PEOPLE v. PESTANA


195 Misc.2d 833 (2003)

762 N.Y.S.2d 786

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LUIS PESTANA, Defendant.

Criminal Court, New York County.

April 25, 2003.


Attorney(s) appearing for the Case

Legal Aid Society (Richard DiMarco of counsel), for defendant.

Robert M. Morgenthau, District Attorney (Evan Weitz of counsel), for plaintiff.


OPINION OF THE COURT

BARBARA JAFFE, J.

In the course of denying defendant's speedy trial motion and rejecting his contention that a criminal court information alleging the possession of a gravity knife must set forth an evidentiary basis for the deponent police officer's conclusion that a weapon constitutes a gravity knife, this court agreed with a decision of the Appellate Term, Second Department, but did not deem itself bound by it. On March 26, 2003,...

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