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PEOPLE v. FRANQUI

2009CN002983

26 Misc.3d 313 (2009)

891 N.Y.S.2d 617

2009 NY Slip Op 29427

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. SAMUEL FRANQUI, Defendant.

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

Decided October 15, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, New York City, for defendant.

Robert M. Morgenthau, District Attorney, for plaintiff.

OPINION OF THE COURT

FRANK P. NERVO, J.

Defendant moves to dismiss the accusatory instrument as facially insufficient (CPL 170.30, 170.35), on the ground that the conduct charged is constitutionally protected (US Const 1st, 14th Amends; NY Const, art I, § 8).

On consideration of the notice of motion, the affirmation in support of the motion and the affirmation in opposition, the motion is denied....

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