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People v. Gayle

Action, Statement Sufficient to Withstand Dismissal Motion for Facial Insufficiency

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DECISION AND ORDER

*1  The defendant was originally charged with one count each of Menacing in the Second Degree (PL 120.14[1]) and Harassment in the Second Degree (PL 240.26[1]). On November 13, 2017, the Menacing in the Second Degree was dismissed, and one count of Menacing in the Third Degree (PL 120.15) was added on the People’s motion without objection. The defendant, in an omnibus motion dated November 13, 2017, seeks: (1) to dismiss the information as facially insufficient pursuant to CPL 100.40 and CPL 170.30, (2) a Huntley/Dunaway hearing, (3) to preclude statement and identification evidence pursuant to CPL 710. 30, (4) an order to compel a Bill of Particulars and discovery, (5) Sandoval and Molineux hearings, (6) reservation of rights. The People filed their motion response on November 21, 2017, but have yet to file a Voluntary Disclosure Form (VDF). The defendant’s omnibus motion is decided as follows:

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