STEVEN M. STATSINGER, J. Defendant, charged with Criminal Mischief in the Fourth Degree, in violation of Penal Law 145.00(1), and Harassment in the Second Degree, in violation of Penal Law 240.26(1), moves for an order dismissing the Information pursuant to CPL 30.30. The Court has reviewed the entries and documents in the court file, the parties' motion papers, and the relevant statutes and case law. For the reasons discussed below, the Court finds that 23 days are chargeable to the...
OPINION OF THE COURT RICHARD J. MONTELIONE, J. Defendant moves, pursuant to Criminal Procedure Law 440.10 (1) (h), for an order vacating the judgment of conviction and sentence entered against him. On November 15, 2001, defendant pleaded guilty to attempted third-degree assault (Penal Law 110.00, 120.00 [1]). Defendant now asserts that he received inadequate assistance of counsel because he was not informed of the deportation risks at the time of his guilty plea. For the reasons stated...
STEVEN M. STATSINGER, J. Defendant, charged with three counts of Aggravated Harassment in the Second Degree, in violation of Penal Law 240.30(1)(a) and three counts of Criminal Contempt in the Second Degree in violation of Penal Law 215.30, moves to dismiss the counts of Aggravated Harassment in the Second Degree as facially insufficient. For the reasons discussed below, the Court GRANTS the motion to dismiss as to all counts. 1 I. FACTUAL BACKGROUND A. The Allegations According to...
