PEOPLE v. KERR

2006-1478 WCR.

2008 NY Slip Op 28260

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIS KERR, Appellant.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 16, 2008.


The appeal from the order denying defendant's motion for pretrial disclosure must be dismissed, as the appeal is not authorized by the Criminal Procedure Law (see CPL 450.10, 450.15).

In order to be facially sufficient, the accusatory instrument must set forth factual allegations providing reasonable cause to believe that defendant committed the offense charged (see CPL 100.40 [1] [b], 4 [b]). Defendant was charged with criminal trespass in the third...

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