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PEOPLE v. SQUARE

2008NY030769.

2008 NY Slip Op 51632 (U)

THE PEOPLE OF THE STATE OF NEW YORK v. EUGENE SQUARE, Defendant.

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

Decided July 30, 2008.

Attorney(s) appearing for the Case

Steven Banks, Esq., The Legal Aid Society (Erin Darcy of counsel), For the Defendant.

Robert M. Morgenthau, District Attorney, New York County (Jeremy Pfetsch of counsel), For the People.

ROBERT M. MANDELBAUM, J.

Charged with two counts of disorderly conduct and one of resisting arrest, defendant moves to dismiss for facial insufficiency.1 The information alleges that on March 22, 2008, a named narcotics detective "received a description over the radio of a possible drug seller and that the description fit the defendant." At approximately 3:43 p.m., in front of 132 West 139th Street in Manhattan, the detective "approached...

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