PEOPLE v. LEMMA

2010NA026090.

39 Misc.3d 399 (2013)

959 N.Y.S.2d 655

2013 NY Slip Op 23041

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. NICHOLAS LEMMA, Defendant.

District Court of Nassau County, First District.

February 11, 2013.


Attorney(s) appearing for the Case

Mitchell Garber for defendant. Kathleen M. Rice , District Attorney, for plaintiff.


OPINION OF THE COURT

ANDREW M. ENGEL, J.

The defendant is charged with official misconduct and obstructing governmental administration in the second degree in violation of Penal Law §§ 195.00 (2) and 195.05, respectively.

The defendant previously moved to dismiss both charges, alleging that the Special District Attorney lacked authority to prosecute, pursuant to County Law § 701, and that the misdemeanor information was defective within...

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