State v. Paolantonio, K2-2006-0262a (2006)

DECISION ON DEFENDANT'S MOTION TO DISMISS

Before the Court is the motion of Robert Paolantonio (Defendant), pursuant to Rule 9.1 of the Rhode Island Superior Court Rules of Criminal Procedure, to dismiss Count One of a Criminal Information, charging him with carrying a firearm while intoxicated or under the influence of intoxicating liquor in violation of § 11-47-52 of the General Laws of Rhode Island, 1956, as amended (Reenactment of 2002). For the reasons set forth herein, the Defendant's motion is denied.

FACTS

On September 23, 2005 the West Warwick Police went to the corner of Orin Street…