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PEOPLE v. SIMMONS

2 Misc.3d 728 (2003)

774 N.Y.S.2d 284

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ROGER SIMMONS, Defendant.

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

December 15, 2003.

Attorney(s) appearing for the Case

New York County Defender Services, New York City (Kathleen Lynch of counsel), for defendant.

Robert M. Morgenthau, District Attorney, New York City (John Bandler of counsel), for plaintiff.

OPINION OF THE COURT

GERALD HARRIS, J.

Defendant, Roger Simmons, is charged with fraudulent accosting (Penal Law § 165.30 [1]) and criminal possession of a forged instrument in the third degree (Penal Law § 170.20). He moves to dismiss both charges for facial insufficiency. The motion also seeks (i) suppression of the physical evidence or, alternatively, a Dunaway/Mapp hearing, (ii) preclusion...

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