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PEOPLE v. ALMENDAREZ

24 Misc.3d 649 (2009)

876 N.Y.S.2d 861

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. GERONIMO ALMENDAREZ, Defendant.

District Court of Nassau County, First District.

Decided April 15, 2009.

Attorney(s) appearing for the Case

Kathleen M. Rice, District Attorney, Hempstead, for plaintiff.

Henry A. Warokomski, East Meadow, for defendant.

OPINION OF THE COURT

DAVID GOODSELL, J.

Geronimo Almendarez seeks a dismissal of the action against him based upon a variety of grounds including a legal impediment prevents prosecution (CPL 170.30 [1] [f]), the information is defective (CPL 170.35 [1] [a]) and in the interests of justice (CPL 170.40).

The prosecution opposes the application by indicating the movant is not the true defendant in the...

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