People v. Givens

OPINION OF THE COURT

John Cataldo, J.

By notice of motion dated December 28, 1994, defendant Givens moves for an order granting dismissal of the accusatory instrument for facial insufficiency pursuant to CPL 170.30 (1) (a) and 170.35 (1) (a). The accusatory instrument charged the defendant with auto stripping in the second degree (Penal Law § 165.09 [1]), criminal mischief in the fourth degree (Penal Law § 145.00 [1]), possession of burglar’s tools (Penal Law § 140.35), and petit larceny (Penal Law § 155.25). On February 28, 1995, the court denied defendant’s motion to dismiss as to the charges…