David M. Iocolano for defendant.
James B. Vargason, District Attorney of Cayuga County (
Sarah C. Farrell of counsel), for plaintiff.
OPINION OF THE COURT
MICHAEL F. McKEON, J. In one of the first cases to reach this Court post the Court of Appeals decision in People v Casey (95 NY2d 354 [2000]), the defendant moves to dismiss accusatory instruments charging him with menacing in the second degree and criminal possession of a weapon in the fourth degree on grounds that the of the pleading. The Court noted that although the defendant failed to move to dismiss for insufficiency, the record of the suppression hearing and trial clearly indicated that the insufficiency defect was readily curable. Moreover, there appears to be statutory authority for holding such a hearing. (See CPL 170.45, 210.45 [3], [7].) A pretrial hearing being the only practical means of determining whether or not the accusatory instruments are sufficient, a hearing is hereby scheduled for September 19, 2001 for the purpose of determining the admissibility of the victim's statements and the sufficiency of the accusatory instruments.