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PEOPLE v. VALENTINE

2011-2810 KCR.

40 Misc.3d 28 (2013)

969 N.Y.S.2d 718

2013 NY Slip Op 23189

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSEPH VALENTINE, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided June 4, 2013.

Attorney(s) appearing for the Case

Charles J. Hynes , District Attorney, Brooklyn ( Leonard Joblove and Adam M. Koelsch of counsel), for appellant. Steven Banks , Legal Aid Society, New York City ( Steven Berko of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is modified, on the law, by providing that the People's motion to deem the accusatory instrument facially sufficient is denied as unnecessary and defendant's motion, in effect, to dismiss the accusatory instrument is denied.

In January 2011, a misdemeanor complaint was filed charging defendant with criminal obstruction of breathing or blood circulation (Penal Law § 121.11 [a]), assault...

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