In re Gary S.

OPINION OF THE COURT

Nicholas L. Pit aro, J.

On August 16, 1979, the court reserved decision on that branch of respondent’s motion dated August 9, 1979 seeking dismissal of the charges of assault in the second degree and criminal possession of a weapon in the fourth degree, as a consequence of the Criminal Court’s failure in its order of removal to allege facts sufficient to establish the above crimes.

In the order of removal from the Criminal Court dated July *8559, 1979, pursuant to CPL 180.75 (subd 4, par [a]) respondent is charged with committing the following act: "Did stab Alan after a fist…