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PEOPLE v. GONZALEZ

2010CN004065

29 Misc.3d 928 (2010)

908 N.Y.S.2d 848

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSE GONZALEZ, Defendant.

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

Decided September 22, 2010.

Attorney(s) appearing for the Case

Legal Aid Society ( Steven Banks and Kate Mogulescu of counsel), for defendant.

Cyrus R. Vance, Jr. , District Attorney ( Christine Payne of counsel), for plaintiff.

OPINION OF THE COURT

FELICIA A. MENNIN, J.

The issue under consideration for the court in this case is whether the act of unlawful solicitation in the subway (Metropolitan Transportation Authority Rules [MTA Rules] [21 NYCRR] § 1050.6 [b] [2]) may adequately be pleaded by alleging a gesture rather than words. The defendant, Jose Gonzalez, has filed an omnibus motion seeking dismissal pursuant to CPL 170.30...

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