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PEOPLE v. DEBRANCHE

2012NY018881.

38 Misc.3d 872 (2012)

954 N.Y.S.2d 862

2012 NY Slip Op 22359

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ALEXIS DEBRANCHE and XAVIER McLAUGHLIN, Defendants.

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

December 7, 2012.

Attorney(s) appearing for the Case

New York County Defender Services ( Kimberly Shubert of counsel) for Alexis Debranche, defendant. Harry J. Bowmaster for Xavier McLaughlin, defendant. Cyrus R. Vance, Jr. , District Attorney ( Marisa Darden of counsel), for plaintiff.

OPINION OF THE COURT

ROBERT M. MANDELBAUM, J.

Is it possible to steal the identity of a person who does not exist?

Charged by information with petit larceny and two counts of identity theft in the third degree, defendants each move to dismiss the accusatory instrument for facial insufficiency. The information alleges simply that "defendants opened at least one cellular account ... in the name of Avi Natanov" and that a named complaining witness ...

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