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PEOPLE v. MORALES

2011RI000442

33 Misc.3d 595 (2011)

929 N.Y.S.2d 714

2011 NY Slip Op 21320

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. FRANK MORALES, Defendant.

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

Decided September 14, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Staten Island ( Hannah Simpson of counsel), for defendant. Daniel M. Donovan, Jr. , District Attorney ( Jane Grinberg of counsel), for plaintiff.

OPINION OF THE COURT

MARIO F. MATTEI, J.

The defendant Frank Morales, charged with menacing in the third degree (Penal Law § 120.15), moves to dismiss the accusatory instrument on grounds of facial insufficiency pursuant to CPL 100.40 and 170.30. The charge stems from an incident in which the defendant allegedly pushed and threw ice at the complainant, in addition to verbally assaulting him with racial epithets.

The issue presented is whether...

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