Criminal Court of the City of New York December 3, 2001 (People v. Chittumuri)

OPINION OF THE COURT

Augustus C. Agate, J.

The defendant is charged with Penal Law § 120.00 (1) assault in the third degree, Penal Law § 265.01 (2) criminal possession of a weapon in the fourth degree, and Penal Law *744§ 240.26 (1) harassment in the second degree. The defendant now moves to dismiss the accusatory instrument, pursuant to CPL 30.30 (1) (b) and 170.