People v. Morales

OPINION OF THE COURT

William Mogulescu, J.

The defendant, Christopher Morales, stands charged with one count of riot in the second degree (Penal Law § 240.05). By notice of motion dated June 25, 1993, defendant moves to dismiss the accusatory instrument as facially insufficient, as *444well as for other relief. The People have not, to date, filed a response.

The accusatory instrument states, in pertinent part:

"Deponent states that he observed the defendant together with Hubert Gray, Mark Albritton, Derrick Reid and Lamont Gray (separately charged) at the above location and that he observed…