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PEOPLE v. NIVAR

No. 41168C-2010

30 Misc.3d 952 (2011)

915 N.Y.S.2d 801

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RONALD NIVAR, Defendant.

Supreme Court, Bronx County.

January 13, 2011.

Attorney(s) appearing for the Case

Legal Aid Society ( Michael J. Haidas and Steven B. Wasserman of counsel), for defendant.

Robert T. Johnson , District Attorney ( Patrick R. Seidel of counsel), for plaintiff.

Michael A. Cardozo , Corporation Counsel ( Mark W. Muschenheim of counsel), for City of New York, amicus curiae.

OPINION OF THE COURT

MIRIAM R. BEST, J.

Introduction

Defendant is charged with assault in the third degree (Penal Law § 120.00 [1]), harassment in the second degree (Penal Law § 240.26 [1]), criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [1]) and unlawful possession of an air pistol (Administrative Code of City of NY § 10-131 [b]). The charges arise out of an incident that allegedly occurred at approximately...

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