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PEOPLE v. FIGUEROA

12-280

40 Misc.3d 1010 (2013)

968 N.Y.S.2d 866

2013 NY Slip Op 23227

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSEPH FIGUEROA, Defendant.

City Court of Rye.

Decided July 9, 2013.

Attorney(s) appearing for the Case

Janet DiFiore , District Attorney ( Diana Hedayati of counsel), for plaintiff. Russell B. Smith , White Plains, for defendant.

OPINION OF THE COURT

JOSEPH L. LATWIN, J.

The defendant is charged by a misdemeanor information with violating Penal Law § 121.11 (criminal obstruction of breathing) and Penal Law § 240.26 (1) (harassment, second degree).

At the trial, Seasonal Park Ranger (SPR) McAuliffe testified he was working the 1400 to 2000 shift at Playland Park in the City of Rye on August 23, 2012. At about 1930 hours, he was stationed at the post at the traffic...

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