OPINION OF THE COURT ARMANDO MONTANO , J. Defendant is charged with criminal possession of a forged instrument in the third degree (Penal Law 170.20) and resisting arrest (Penal Law 205.30). Defendant moves for an order: (1) dismissing the charge of criminal possession of a forged instrument in the third degree as facially insufficient; (2) suppressing any and all physical evidence seized from defendant, or in the alternative, granting a hearing for findings of fact and conclusions...
ARMANDO MONTANO , J. Defendants are charged under an acting in concert theory of Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03) and related charges stemming from the execution of a search warrant on or about November 21, 2014 at approximately 6:35 p.m. at the premises located at 320 Morris Avenue, Apt. 4E, Bronx, New York. The arresting officer and the field team recovered from inside the apartment the following: one (1) ziplock bag containing marijuana,...
ALTHEA E. DRYSDALE , J. The defendant is charged under a misdemeanor complaint with (1) one count of Criminal Possession of Stolen Property in the Fifth Degree ( Penal Law ["PL"] 165.40 ), (2) one count of Resisting Arrest ( PL 205.30 ), (3) one count of Criminal Possession of a Controlled Substance in the Seventh Degree ( PL 220.03 ), and (4) two counts of Criminally Using Drug Paraphernalia in the Second Degree (under PL 220.50[2] and 220.50[3] ). The defendant moves to dismiss...
LISA A. SOKOLOFF , J. On April 31, 2014, Defendant DANNY D. TEJADA was arraigned on a misdemeanor complaint charging that on August 30, 2014 at about 11:15 PM, at the southwest corner of Park Avenue and East 122nd Street, New York County, Defendant committed four offenses: Operating a Vehicle While Intoxicated; per se (Vehicle and Traffic Law [VTL] 1192[2]), Operating a Vehicle While Intoxicated (VTL 1192[3]), Reckless Driving (VTL 1212), and Operating a Motor Vehicle While...
OPINION OF THE COURT ELISA S. KOENDERMAN , J. The defendant, Stuart Friedman, is charged by misdemeanor information 1 with criminal contempt in the second degree, Penal Law 215.50 (3). The defendant moves to dismiss, contending that the accusatory instrument is facially insufficient ( see CPL 170.30 [1] [a]) and that he has been denied his statutory right to a speedy trial ( see CPL 30.30 [1] [b]). Because the information fails to contain nonhearsay factual allegations establishing...
