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Social Services Law § 384-b
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Family Court Act article 6
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People v. Alejandro, 70 NY2d 133
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Dunaway/Huntley Hearing
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Constructive Abandonment pursuant to DRL
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Defendant moves for summary judgment
2010 NY Slip Op 52117
Delores Lance and GWENDOLYN BARNES, as co-Administrators of the Estate of DELORES McINTOSH, Deceased, Claimants,
v.
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Penal Law § 215.50 (3)
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Uniform Child Custody and Jurisdiction Act
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Assault in the Third Degree
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CPL §§ 330.30, 330.40 and 330.50
The defendant moves to set aside the verdict of guilty rendered herein and requests that this court order a new trial pursuant to CPL §§ 330.30, 330.40 and 330.50. The People oppose this motion.
FACTUAL BACKGROUND
This case arose out of an incident on April 13, 2005 at about 7:15pm at 153-32 119th Road in Jamaica, Queens. The complainant allegedly observed the defendant smash the rear window of his car. When the complainant attempted to apprehend the defendant, the defendant slashed the complainant’s left check with what appeared to be a shiny knife or a box cutter causing a laceration requiring 32 stitches to close. The defendant fled the scene but was subsequently arrested.