People v. Diaz

OPINION OF THE COURT

John H. Wilson, J.

Defendant is charged with one count of criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]), a class A misdemeanor.

By motion dated November 27, 2013, defendant seeks dismissal of the criminal court complaint, asserting that the allegations contained therein are facially insufficient, and dismissal of the criminal court complaint pursuant to CPL 30.30, asserting that the People have failed to comply with the time limitations imposed upon the prosecution of misdemeanors.

The court has reviewed the court file, defendant’s motions, and…