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People v. Griffith

Instrument Facially Insufficient, Jurisdictionally Defective; AC §20-461(b) Dismissed

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DECISION AND ORDER(Corrected for Publication)

*1 The defendant, Charmain Griffith, is charged with Failure to Wear License While Vending (AC §20-461[b]). She moves for an order dismissing the accusatory instrument as facially insufficient pursuant to Criminal Procedure Law (CPL) 100.40, 150.50, 170.30 and 170.35 and in the alternative, seeks other relief. As a matter of office policy, the District Attorney of New York County has declined to appear in matters such as this one that are brought by universal summons. The Court directed the defendant to serve her motion papers upon the Legal Bureau of the New York Police Department, and counsel avers that he has done so. The Legal Bureau has not submitted a response nor has it indicated any interest in appearing on behalf of the People.For the reasons stated below the defendant’s motion for an order dismissing the accusatory instrument as facially insufficient is granted.The defendant contends that the summons is facially insufficient because ticket selling, as

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