People v. Poplaski

OPINION OF THE COURT

Stephen A. Bucaria, J.

The defendant’s application for an order—

I. Dismissing the accusatory instruments herein because Penal Law § 260.10 (1) violates the defendant’s rights under article I, § 6 of the New York Constitution as well as his rights under the First, Fifth, Sixth and Fourteenth Amendments of the United States Constitution;

II. Dismissing the accusatory instruments herein pursuant to CPL 170.30 (1) (a); 170.35 (1) (a); 100.15 and 100.40 because (a) it is facially insufficient and defective; and (b) it violates the defendant’s rights under article I, § 6 of the…