Legal Opinion

People v. Bilus

New York District Court

Decided November 22, 2005Published

1Opinion of the Court

OPINION OF THE COURT

Vito M. DeStefano, J.

The defendant is charged under District Court informations with violating Penal Law § 195.05, obstructing governmental administration in the second degree, and Penal Law § 120.45 (3), stalking in the fourth degree. The defendant moves, inter alia, to dismiss the informations as facially insufficient pursuant to CPL 170.30, 170.35, 100.15 and 100.40.

For the reasons that follow, those branches of the defendant’s motion to dismiss the informations are granted and the informations are dismissed.

The Charges

The informations charge the defendant as follows:

“Ab…

2Cases cited6 opinions

  1. People v. DumasNew York Court of Appeals · 1986
  2. Matter of Davan L.New York Court of Appeals · 1997
  3. People v. GarfieldUtica City Court · 1970
  4. People v. ArvioNew York Justice Court · 1971
  5. People v. EbuzomeNew York Supreme Court · 1981

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