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In a Criminal Court Complaint, the People assert that a Police Officer observed the offenders at the Subway station. The officer allegedly watched the offenders “acting in concert” receive United States currency from four individuals, “in exchange for which the offenders swiped a Metrocard through the subway turnstile for each of these individuals, thereby allowing the said individuals to enter the transit system.”

The offenders were charged with Petit Larceny, five counts of Criminal Possession of a Forged Instrument in the Third Degree, and Obstructing Governmental Administration in the Second Degree, all Class A misdemeanors. By motion, one of the offenders seeks the dismissal of all charges contained in the Criminal Court Complaint, asserting that the People’s complaint is facially insufficient and pursuant to CPL Sec. 170.35, 100.40 and 100.15, asserting that the People’s complaint is facially insufficient.

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In a Criminal Court Complaint, the People assert that a Police Officer observed the offenders at the Subway station. The officer allegedly watched the offenders “acting in concert” receive United States currency from four individuals, “in exchange for which the offenders swiped a Metrocard through the subway turnstile for each of these individuals, thereby allowing the said individuals to enter the transit system.”

A New York Criminal Lawyer said the offenders were charged with Petit Larceny, five counts of Criminal Possession of a Forged Instrument in the Third Degree, and Obstructing Governmental Administration in the Second Degree, all Class A misdemeanors. By motion, one of the offenders seeks the dismissal of all charges contained in the Criminal Court Complaint, asserting that the People’s complaint is facially insufficient and pursuant to CPL Sec. 170.35, 100.40 and 100.15, asserting that the People’s complaint is facially insufficient.

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Sources show that, by stipulation, both cases were tried together, with separate judgments to be entered in each. In the first titled information, the offenders were charged with (a) criminally buying and receiving stolen property, consisting of 4 cases of handkerchiefs valued at $68.40; (b) criminally concealing and withholding the said property; and (c) petit larceny involving those handkerchiefs. In the second titled information, the offenders were charged with petit larceny, in that they stole 20 cases of handkerchiefs from their employer, valued at not more than $100.00.

At the trial, the People, called the fourth offender as their witness. After he was warned by the Court of his Constitutional rights, and with his attorney standing by his side, he testified that he and another man was employed as shipping clerks by Handkerchief Company; that the other offender, a truck man employed by Trucking Company, who had been calling at their employer’s place of business to pick up packages, approached him, and in the presence of the other employee propositioned him to enter into a ‘handkerchief deal’ with him, suggesting that a person will get for him cartons of handkerchiefs (which presumably stolen from his employer) and that he would pay him $20.00 per carton for them. They all agreed to join him in this ‘deal’, with the $20.00 per carton to be divided between them.

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A defendant appealed from three judgments of the Criminal Court. Each judgment convicted the offender involved, upon his plea of guilty, of petit larceny. On appeal, the court ordered that the judgments of conviction are reversed, on the law, the guilty pleas entered are vacated, and the matters are remitted to the Criminal Court for further proceedings on each of the accusatory instruments.

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A person is charged with unlawful receipt of fare for providing access to Transit Authority facilities, a violation, petit larceny, and obstructing governmental administration in the second degree, both class A misdemeanors. He moved to dismiss the latter two charges of the Criminal Court complaint, pursuant to CPL 170.30, asserting that the People’s complaint is facially insufficient. He is alleged in the Criminal Court complaint to have been observed by the deponent, Police Officer, as “wrongfully taking from two individuals a sum of United States Currency that would otherwise have been paid to the Transit Authority as lawful fares from said individuals, in exchange for which he swiped a Metrocard through the subway turnstile for each of these individuals, thereby allowing the said individuals to enter the transit system beyond the turnstiles.” The officer goes on to allege that, upon his arrest, the offender was in possession of two unlimited ride Metrocards, for which he did not have permission or authority to authorize access to the transit system for other individuals.

His motion is granted in part, and denied in part for the reasons stated below:

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A New York Criminal Lawyer said this is an Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered November 7, 1980, convicting him of possession of burglar’s tools, attempted criminal trespass in the second degree and attempted petit larceny, upon a jury verdict, and imposing sentence.

A Kings County Criminal lawyer said that on March 8, 1980 the complainant was alone in her fifth floor apartment when she heard a knock at her door. She did not answer as she was undressed at the time and was not expecting any company. After hearing a noise, she approached the door and observed that someone was at her door and was trying to gain entry. She then called the police, heard children in the hall and heard whoever was at the door walk away. Upon patting down the codefendant, a loaded revolver was recovered and a search of the appellant yielded a key with which the arresting officer was able to unlock one of the locks on the complainant’s apartment door.

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A New York Criminal Lawyer said that the defendant in a non-jury trial is charged with having committed the crime of Grand larceny in the First Degree by stealing a certain promissory note of the value of more than $500. owned by the Financial Corporation. The theft is alleged to have been committed by the use of fraudulent and false representations to the effect that certain accounts receivable were valid outstanding accounts representing sums due and owing to the defendant.

A Kings County Criminal attorney said that the defendant and his company, were indebted to the Finance Corporation in the sum of $10,000. As evidence of the debt, the finance corporation held a note in that sum. When the note was two or three weeks past due, the defendant requested a renewal of the note and offered a number of accounts receivable as collateral security.

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A New York Criminal Lawyer said the defendant is charged with petit larceny, theft of services, criminal possession of a forged instrument in the third degree, obstructing governmental administration in the second degree and resisting arrest.

A Deponent is informed by a Police Officer, that, at the above time and place defendant did approach informant and ask informant if informant wanted a swipe. The deponent is further informed by informant observed the defendant deprive the New York City Transit Authority of a quantity of United States currency by wrongfully taking from two individuals a sum of United States currency that would otherwise have been paid to the New York City Transit Authority as lawful fares from said individuals, in exchange for which the defendant swiped a bent card through the subway turnstile for each of these individuals, thereby allowing the said individuals to enter the transit system beyond the turnstiles, and the defendant did not enter the transit system beyond the turnstiles.

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A New York Criminal Lawyer said that the defendant is charged with petit larceny arising out of a “buy and bust” operation in which the undercover officer allegedly gave the defendant US currency and the defendant fled without providing the officer with the agreed upon crack cocaine. The defendant moves to dismiss the information for facial insufficiency.

A Kings County Criminal attorney said that the deponent is informed by an undercover officer known to him that, at the above time and place, the defendant did engage informant in a drug related conversation whereupon defendant agreed to sell informant a quantity of crack cocaine in exchange for a sum of U.S. currency. Deponent further states that informant gave defendant a sum of U.S. currency, whereupon defendant took informant’s currency and left. Defendant is further informed by informant that informant is the custodian of said U.S. currency and that defendant did not have permission or authority to take said sum.”

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A New York Criminal Lawyer said that the defendant was initially charged with two counts of Unlawful Receipt of Fare for Providing Access to Transit Authority Facilities, a violation, one count of Criminal Mischief in the Fourth Degree, one count of Criminal Tampering in the Second Degree, two counts of Petit larceny, two counts of Theft of Services, thirteen counts of Criminal Possession of a Forged Instrument in the Third Degree, and two counts of Obstructing Governmental Administration in the Second Degree, all Class A misdemeanors.

By motion, Defendant seeks the dismissal of all charges contained in the Criminal Court Complaint pursuant to CPL Sec. 100.40 and 170.35, asserting that the People’s initial complaint was facially insufficient. In response to Defendant’s motion to dismiss, the People filed their Affirmation in Opposition dated September 13, 2005, as well as a Superceding Complaint, signed and dated September 12, 2005, which reiterated all of the charges stated above.

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