Legal Opinion
People v. Hernandez
Criminal Court of the City of New York
Decided November 16, 1989Published
1Opinion of the Court
OPINION OF THE COURT
Harold Beeler, J.
Defendant, charged by information with the crimes of possession of gambling records in the second degree (Penal Law § 225.15 [2]) and promoting gambling in the second degree (Penal Law § 225.05), moves, pursuant to CPL 170.30 (1) (a) *963and 170.35 (1) (a), to dismiss the accusatory instrument for facial insufficiency.
The factual portion of the information alleges that defendant,
"on July 11, 1989, at about 0920 hours [9:20 a.m.] at 4232 Broadway in the County ... of New York . . . knowingly advanced and profited from unlawful gambling activity. . . and…
2Cases cited4 opinions
- People v. AlejandroNew York Court of Appeals · 1987
- People v. Wilkerson, New York County Courts1973
- People v. CeaCriminal Court of the City of New York · 1988
- Estate of Weinraub v. GabelNew York Supreme Court · 1963