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PEOPLE v. AYALA

12 Misc.3d 505 (2006)

820 N.Y.S.2d 472

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RICARDO AYALA, Defendant.

Supreme Court, Bronx County.

April 3, 2006.

Attorney(s) appearing for the Case

Hilary Ungar, New York City, for defendant.

Robert T. Johnson, District Attorney (Dawn Guglielmo of counsel), for plaintiff.

OPINION OF THE COURT

NICHOLAS J. IACOVETTA, J.

The defense moves to dismiss the charge of unlawfully dealing with a child (Penal Law § 260.20 [2]) because it is facially insufficient (see CPL 100.15, 100.40).

The defense asserts that the information fails to plead as a necessary element of the offense that defendant is not the parent or guardian of the child. The statute exempts a parent or...

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