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PEOPLE v. POWELL

19 Misc.3d 364 (2008)

851 N.Y.S.2d 848

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DANIEL POWELL, Defendant.

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

January 31, 2008.

Attorney(s) appearing for the Case

Gary R. Conroy, Brooklyn, for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Marisa Mercandetti of counsel), for plaintiff.

OPINION OF THE COURT

ALVIN M. YEARWOOD, J.

Introduction

By "Notice of Motion" dated December 1, 2007 and filed December 4, 2007, defendant moves under branch I for an order pursuant to CPL 170.30 (1) (a) to dismiss on grounds of facial insufficiency the count charging defendant with forcible touching (Penal Law § 130.52), and under branch II to reserve defendant's right to supplement or make...

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