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People v Young (Nathan)
2010 NY Slip Op 50126(U) [26 Misc 3d 134(A)]
Decided on February 2, 2010
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 2, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Shulman, Hunter JJ
570722/08.

The People of the State of New York, Respondent,

against

Nathan Young, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Ellen M. Coin, J.), rendered October 14, 2008, convicting him, upon a plea of guilty, of disorderly conduct, and imposing sentence.


Per Curiam.

Judgment of conviction (Ellen M. Coin, J.), rendered October 14, 2008, affirmed.

Criminal Court properly refused to entertain defendant's oral dismissal motion made at arraignment (see CPL 170.30[1]; 210.45[1]; see also People v Parker, 223 AD2d 179 [1996], lv denied 89 NY2d 927 [1996]; People v Williams, 186 Misc 2d 705 [2000], lv denied 96 NY2d 789 [2001]). In any event, even assuming, arguendo, that the misdemeanor complaint was not sufficient on its face (see CPL 100.15; 100.40[4]), any perceived defect in the complaint could have been remedied by appropriate amendment (see People v Williams, supra).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: February 02, 2010