People v. Moore

TMs is a motion under section 57 of the Code of Criminal Procedure. It appears that the defendant has been charged with assault in the third degree and upon the further charge of disorderly conduct and that the proceedings are now pending before the learned Justice of the Peace Cedric Wierman, a Justice of the Peace in and for the Town of Greenfield.

The defendant bases his motion upon the contention that the complaint in the assault proceeding is an indictable misdemeanor. He further argues that the charge of disorderly conduct should be merged in the assault charge.

There are two recent cases…