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PEOPLE v. REAPE

22 Misc.3d 615 (2008)

868 N.Y.S.2d 497

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

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

November 24, 2008.

Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn (Judith Karpatkin of counsel), for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Lecia Griepp of counsel), for plaintiff.

OPINION OF THE COURT

EVELYN J. LAPORTE, J.

The defendant, Michael Reape, is charged with one count of resisting arrest (Penal Law § 205.30) and one count of trespass (Penal Law § 140.05). He moves, inter alia, to dismiss the count of trespass for facial insufficiency (see CPL 170.30 [1]). He also moves to dismiss the count of resisting arrest, as that charge would not be able to stand if the underlying...

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