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PEOPLE v. ALBA

1435/13

43 Misc.3d 878 (2014)

984 N.Y.S.2d 267

2014 NY Slip Op 24090

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. NOUEL ALBA, Defendant.

Supreme Court, Bronx County.

Decided April 3, 2014.

Attorney(s) appearing for the Case

The Bronx Defenders, Bronx ( Justine Olderman of counsel), for defendant.

Robert T. Johnson , District Attorney, Bronx ( Daniel Chung of counsel), for plaintiff.

OPINION OF THE COURT

MARTIN MARCUS, J.

On May 10, 2013, the defendant was indicted by the grand jury of Bronx County and charged with scheme to defraud in the first degree (Penal Law § 190.65 [1] [a]), and identity theft in the second degree (Penal Law § 190.79 [3]). In an omnibus motion, the defendant seeks, inter alia, dismissal of both counts of the indictment, the scheme to defraud count on statutory double jeopardy grounds, and the identity...

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