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PEOPLE v. DIAZ

22 Misc.3d 624 (2008)

868 N.Y.S.2d 861

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DERRICK DIAZ, Defendant.

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

November 17, 2008.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Steven Banks and Allison Lewis of counsel), for defendant.

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

OPINION OF THE COURT

FELICIA A. MENNIN, J.

The defendant, Derrick Diaz, is charged with resisting arrest (Penal Law § 205.30), and disorderly conduct (Penal Law § 240.20 [1]). He moves for an order (1) dismissing both counts of the accusatory instrument as facially insufficient pursuant to Criminal Procedure Law § 170.30 (1) (a), § 100.15 (3), and § 100.40 (1) (c); (2) precluding...

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