People v. Volkes

OPINION OF THE COURT

Timothy J. Dufficy, J.

Defendant is charged with violating Penal Law § 265.01 (1), criminal possession of a weapon in the fourth degree, Vehicle and Traffic Law § 1192 (3), operating a motor vehicle while intoxicated, and Administrative Code of the City of New York *830§ 10-306 (d), possession of ammunition. In a motion filed on September 4, 2003, defendant seeks dismissal of count one and count three of the accusatory instrument as facially insufficient pursuant to CPL 170.30 and 170.35, and on the grounds that the accusatory instrument is defective because it fails to allege…