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PEOPLE v. DABA

12 Misc.3d 36 (2006)

820 N.Y.S.2d 382

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHARIF DABA, Also Known as SHERIF DABA, Also Known as MANIR KIWAN, Appellant.

Supreme Court, Appellate Term, Second Department.

April 14, 2006.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Laura R. Johnson and Adrienne Gantt of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Sharon Y. Brodt and Delayne Austin of counsel), for respondent.

PESCE, P.J., WESTON PATTERSON and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction reversed on the law, accusatory instrument dismissed and fine and surcharge, if paid, remitted.

The accusatory instrument charging defendant with tampering with public records in the second degree (Penal Law § 175.20) is jurisdictionally defective since the factual part thereof does not contain allegations establishing each and every element...

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