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PEOPLE v. BARBERA

2014BX064211

48 Misc.3d 374 (2015)

8 N.Y.S.3d 894

2015 NY Slip Op 25110

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MICHAEL BARBERA, Defendant.

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

Decided April 9, 2015.

Attorney(s) appearing for the Case

Lazzaro Law Firm, P.C. ( James Kilduff , of counsel) for defendant.

Robert T. Johnson , District Attorney, ( Peter O. Kennedy , of counsel), for plaintiff.

OPINION OF THE COURT

Defendant is charged with one count of commercial bribe receiving in the second degree (Penal Law § 180.05).

By notice of motion dated February 23, 2015, defendant moves for an order pursuant to CPL 170.30 and 100.40 dismissing the accusatory instrument as facially insufficient. By...

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