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PEOPLE v. GIBBLE

2 Misc.3d 510 (2003)

773 N.Y.S.2d 499

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. STUART GIBBLE, Defendant.

Criminal Court of the City of New York, New York County.

November 3, 2003.

Attorney(s) appearing for the Case

Pariser & Vogelman, P.C., New York City (Donald Vogelman of counsel), for defendant.

Robert M. Morgenthau, District Attorney (Paula Barnes of counsel), for plaintiff.

OPINION OF THE COURT

BARBARA JAFFE, J.

Defendant, charged with one count of endangering the welfare of a child (Penal Law § 260.10 [1]) and one count of public lewdness (Penal Law § 245.00), moves to dismiss those charges pursuant to Criminal Procedure Law § 170.30 (1) (a) on the ground that the accusatory instrument is facially insufficient. The question presented is whether an allegation that defendant was massaging his genitals with his...

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