People v. Boykin

OPINION OF THE COURT

Randall T. Eng, J.

Defendant moves to dismiss the instant accusatory instrument pursuant to CPL 170.30 alleging that there are insufficient factual allegations to support the charges of menacing (Penal Law § 120.15) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]).

The factual portion of the complaint signed by deponent Police Officer Mark Petito of the New York City Transit Police Department reads in its entirety:

"Deponent states based on deponent’s own observations that at the above mentioned date, time and place, the defendant by physical…