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PEOPLE v. GARCIA

21 Misc.3d 732 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. GABRIEL GARCIA, Defendant.

Supreme Court, Bronx County.

September 23, 2008.

Attorney(s) appearing for the Case

Bronx Defenders, Bronx (Kathryn Miller of counsel), for defendant.

Robert T. Johnson, District Attorney, Bronx (Benjamin R. Fliegel of counsel), for plaintiff.

OPINION OF THE COURT

WILLIAM I. MOGULESCU, J.

The defendant stands charged with one count of criminal trespass in the second degree (Penal Law § 140.15), one count of criminal trespass in the third degree (Penal Law § 140.10 [a]) and one count of trespass (Penal Law § 140.05) by way of a misdemeanor complaint.

The defendant moves to dismiss the complaint:, asserting that it has never been converted into an information because it is...

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