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PEOPLE v. DIAZ

2013BX032694

43 Misc.3d 616 (2014)

984 N.Y.S.2d 825

2014 NY Slip Op 24050

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. EDWIN DIAZ, Defendant.

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

Decided March 3, 2014.

Attorney(s) appearing for the Case

Steven Banks, Legal Aid Society ( Jeremy Robert Davidson of counsel), for defendant.

Robert T Johnson , District Attorney ( Thomas A. Ostendorp of counsel), for plaintiff.

OPINION OF THE COURT

JOHN H. WILSON, J.

Defendant is charged with one count of criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]), a class A misdemeanor.

By motion dated November 27, 2013, defendant seeks dismissal of the criminal court complaint, asserting that the allegations contained therein are facially insufficient, and dismissal of the criminal court complaint pursuant to CPL 30.30, asserting that the People...

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