People v. Diaz

OPINION OF THE COURT

Lawrence H. Bernstein, J.

An indictment has been filed charging the defendant with *767attempted murder, assault and criminal use and possession of a firearm. The charges arose out of a confrontation between the defendant and the complaining witness Raymond Medina on October 1, 1988. The indictment also charges the defendant with one count of assault in the second degree and one count of harassment arising out of another confrontation with the same complaining witness two weeks earlier on September 15, 1988.

The defendant now moves, pursuant to CPL 190.50 and 210.35 (4) and (5),…