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Decided on July 7, 2009
Criminal Court of the City of New York, New York County

2009NY033570 Michael J. Yavinsky, J.
The defendant is charged with one count of Assault in the Third Degree.
Defendant, in an omnibus motion, seeks: (1) an order deeming the accusatory instrument filed in this case to be a misdemeanor complaint; (2) a Dunaway/Huntley Hearing; (3) an Order Precluding Statement and Identification Evidence; (4) a Sandoval Hearing; (5) an Order to Compel a Bill of Particulars and Discovery, and (6) Reservation of Rights.
The defendant's omnibus motion is decided as follows:
CONVERSION OF THE ACCUSATORY INSTRUMENT

The defendant moves to have the accusatory instrument deemed an unconverted misdemeanor complaint. For the reasons stated herein, the defendant's motion is denied.
Both a misdemeanor complaint and an information must comply with the form requirements of CPL

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