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PEOPLE v. WATERS

196 Misc.2d 421 (2003)

762 N.Y.S.2d 241

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JAVON WATERS, Defendant.

City Court of Elmira.

May 22, 2003.

Attorney(s) appearing for the Case

Paul R. Corradini, Public Defender, Elmira (Wesley Roe of counsel), for defendant.

John R. Trice, District Attorney, Elmira (Geoffrey Peterson of counsel), for plaintiff.

OPINION OF THE COURT

STEVEN W. FORREST, J.

This matter is before the court on a motion by the People to reduce the charge of attempted burglary in the third degree (Penal Law §§ 110.00, 140.20), an E felony, to a charge of criminal trespass in the second degree (Penal Law § 140.15), an A misdemeanor. In addition, defense counsel has filed a motion to dismiss the aforesaid charge contained in the felony

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