People v. Gusqui

OPINION OF THE COURT

Michelle A. Armstrong, J.

The defendant moves, by omnibus motion for: (1) dismissal of the accusatory instrument as facially insufficient; (2) dismissal of the accusatory instrument pursuant to CPL 30.30; and (3) reservation of rights. Defendant’s motions are decided as follows:

Defendant stands charged with a single count of possession of graffiti instruments (Penal Law § 145.65).1 The accusatory instrument alleges that on or about February 17, 2015, between 11:10 p.m. and 11:14 p.m., in back of 102-44 Atlantic Avenue, County of Queens, State of New York, the defendant…