PEOPLE v. SIMMONS

2012BX059103

42 Misc.3d 462 (2013)

976 N.Y.S.2d 835

2013 NY Slip Op 23406

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DAVON SIMMONS, Defendant.

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

Decided December 6, 2013.


Attorney(s) appearing for the Case

APPEARANCES OF COUNSEL

Steven Banks , Legal Aid Society ( Alec Pine of counsel), for defendant. Robert T. Johnson , District Attorney ( Suzanne Carmody of counsel), for plaintiff.


OPINION OF THE COURT

JOHN H. WILSON, J.

By a superceding information dated February 6, 2013, defendant is charged with one count of harassment in the second degree (Penal Law § 240.26 [1]), a violation.

By motion dated September 24, 2013, defendant seeks dismissal of the sole charge, asserting that the People's complaint is facially insufficient.

The court has reviewed the court file, defendant...

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