People v. Dudley

OPINION OF THE COURT

Heidi C. Cesare, J.

The defendant, charged in count one with criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]) and in count two with criminal possession of knives or dangerous instruments (Administrative Code of City of NY § 10-133 [b]), moves for an order dismissing count one of the information pursuant to Criminal Procedure Law §§ 170.30, 170.35 and 100.40. For the reasons stated below, defendant’s motion to dismiss count one is granted. Defendant’s remaining motions are addressed below.1

A. Facial Sufficiency in General

To be facially…