People v. Malki

OPINION OF THE COURT

Frances Y. Wang, J.

By motion, filed February 3, 2017, defendant Adam Malki seeks dismissal of the accusatory instrument on facial insufficiency grounds pursuant to CPL 170.30 (1) (a) and 170.35 (1) (a). The People, by affirmation dated March 7, 2017, oppose defendant’s motion. Defendant filed a reply memorandum of law on March 16, 2017.

Defendant is charged with one count of official misconduct (Penal Law § 195.00 [1]), which states in pertinent part: “A public servant is guilty . . . when, with intent to obtain a benefit or deprive another person of a benefit. . . [h]e…