PEOPLE v. CLYMER

2009-0812.

28 Misc.3d 856 (2010)

902 N.Y.S.2d 922

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CLYDE CLYMER, Defendant.

City Court of Amsterdam.

Decided June 14, 2010.


Attorney(s) appearing for the Case

Elmer Robert Keach, III , Amsterdam, for defendant.

James E. Conboy , District Attorney, Fonda ( Sarah J. Leszczynski of counsel), for plaintiff.


OPINION OF THE COURT

HOWARD M. AISON, J.

Defendant was charged by an accuser, without any police or prosecutorial assistance or approval, with stalking in the fourth degree. He was arraigned on December 8, 2009 and entered a plea of not guilty. By notice of motion dated April 2, 2010 the defendant moves to dismiss the accusatory instrument contending that the accuser had no right to self charge. By affirmation...

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