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PEOPLE v. RODRIQUEZ

19 Misc.3d 302 (2008)

851 N.Y.S.2d 342

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KENNETH RODRIQUEZ, Defendant.

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

February 13, 2008.

Attorney(s) appearing for the Case

Sheldon A. Leon, New York City, for defendant.

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

OPINION OF THE COURT

ELISA S. KOENDERMAN, J.

The defendant, Kenneth Rodriquez, along with two other separately charged individuals, was arrested on October 3, 2007 after he allegedly failed to open an apartment door in response to a detective's attempt to execute an arrest warrant for one Edward Middleton. The defendant now moves to dismiss the underlying accusatory instrument pursuant to CPL 170.30 (1) (a) and 170.35 (1) on the grounds of facial insufficiency...

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