People v. Kupferman

This is an application before trial by the defendant to strike out and dismiss the fifth and sixth counts of the indictment on the ground that the allegations therein do not state sufficient facts to constitute a crime. In effect, this is another way of raising the same issues of law which would be presented if a demurrer had been filed at the time of the arraignment for pleading of the defendant.

The indictment charges a violation of subdivision 12 of section 751 and section 764 of the Penal Law, which are misdemeanors. Specifically, these charges arise allegedly out of crimes of misdemeanors…