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PEOPLE v. CLAYTON

41 A.D.2d 204 (1973)

The People of the State of New York, Appellant, v. Robert Clayton, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 2, 1973.

Attorney(s) appearing for the Case

George J. Aspland, District Attorney (John M. Lockwood and Vincent A. Malito of counsel), for appellant.

Frederic Block for respondent.

RABIN, P. J., MARTUSCELLO, SHAPIRO and CHRIST, JJ., concur.

HOPKINS, J.

The County Court on its own motion has dismissed an indictment returned in November, 1952 charging the defendant with murder in the first degree. The court so acted upon the return of a motion by the defendant for the same relief. The District Attorney by this appeal challenges the propriety of the dismissal. For reasons stated beyond, we reverse and remand the case to the County Court for further...

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