People v. Simmons

*729OPINION OF THE COURT

Gerald Harris, J.

Defendant, Roger Simmons, is charged with fraudulent accosting (Penal Law § 165.30 [1]) and criminal possession of a forged instrument in the third degree (Penal Law § 170.20). He moves to dismiss both charges for facial insufficiency. The motion also seeks (i) suppression of the physical evidence or, alternatively, a Dunaway /Mapp hearing, (ii) preclusion of any unnoticed statement or identification evidence, (iii) preclusion of the use at trial of defendant’s prior criminal history or misconduct, and (iv) discovery and a bill of particulars.

Facial…