People v. Choo

OPINION OF THE COURT

Peter J. Benitez, J.

Defendant is charged with criminal mischief in the fourth degree (Penal Law § 145.00) and criminal tampering in the *325third degree (Penal Law § 145.14). Defendant moves to dismiss the accusatory instrument pursuant to CPL 170.30 and 170.35, alleging that the factual allegations do not establish the offenses charged.

The accusatory instrument alleges, in substance, that defendant, a former driver with Escort Corporation, a car service owned by the complainant, possessed a two-way radio tuned to the radio frequency owned by the car service and that, during…