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PEOPLE v. GIVENNI

2009NY093088.

27 Misc.3d 1135 (2010)

898 N.Y.S.2d 829

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MICHAEL GIVENNI, DAVID CLARK and KEVIN CUNNINGHAM, Defendants.

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

Decided April 20, 2010.

Attorney(s) appearing for the Case

Lance Fletcher for Michael Givenni, defendant.

Law Office of Gilda M. Bailey, P.C. ( Anthony Bailey of counsel), for David Clark, defendant.

Legal Aid Society ( Steven Banks and Lawrence Linzer of counsel), for Kevin Cunningham, defendant.

Cyrus R. Vance, Jr. , District Attorney ( Eric Gerard of counsel), for plaintiff.

OPINION OF THE COURT

MATTHEW A. SCIARRINO, JR., J.

Nothing makes a little kid smile more than being handed a balloon. However, in this case of first impression, this court holds that helium is also a noxious material under section 270.05 of the Penal Law and denies the defendants' motion to dismiss.

The defendants were charged with unlawfully possessing or selling noxious material (Penal Law § 270.05). The defendants moved the court for an order...

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