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PEOPLE v. TILLMAN

13 Misc.3d 736 (2006)

820 N.Y.S.2d 511

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOHN TILLMAN, Defendant.

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

August 22, 2006.

Attorney(s) appearing for the Case

Legal Aid Society (Desiree Buenzle of counsel), for defendant.

Charles J. Hynes, District Attorney (Matthew Leis of counsel), for plaintiff.

OPINION OF THE COURT

EILEEN N. NADELSON, J.

Defendant was issued a summons for gambling in public. At arraignment, defendant argued that the summons should be dismissed as facially defective, and the court agreed. This decision explains the reasoning of the court in dismissing the summons.

The summons indicates that defendant violated section 20-451 of the Penal Code. There is no such section of the Penal...

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