People v. Morales

OPINION OF THE COURT

Mario F. Mattei, J.

The defendant Frank Morales, charged with menacing in the third degree (Penal Law § 120.15), moves to dismiss the accusatory instrument on grounds of facial insufficiency pursuant to CPL 100.40 and 170.30. The charge stems from an incident in which the defendant allegedly pushed and threw ice at the complainant, in addition to verbally assaulting him with racial epithets.

The issue presented is whether the misdemeanor complaint, in describing the defendant’s alleged conduct, sufficiently pleads every element of menacing in the third degree.

Upon…