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PEOPLE v. FEDERMAN

19 Misc.3d 478 (2008)

852 N.Y.S.2d 748

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MARK FEDERMAN, Defendant.

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

February 26, 2008.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City (Joshua Levine of counsel), for defendant.

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

OPINION OF THE COURT

TANYA R. KENNEDY, J.

The defendant is charged with one count of resisting arrest (Penal Law § 205.30) and one count of obstruction of governmental administration in the second degree (Penal Law § 195.05). He now moves, inter alia, to dismiss the complaint in the interest of justice pursuant to CPL 170.40. For the reasons that follow, the defendant's motion to dismiss is granted.

Under CPL 170.40 (1), dismissal in the...

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