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PEOPLE v. GONZALEZ

184 Misc.2d 262 (2000)

708 N.Y.S.2d 564

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RAPHAEL GONZALEZ, Respondent.

Supreme Court, Appellate Term, First Department.

March 14, 2000.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Susan Axelrod and David M. Cohn of counsel), for appellant.

Legal Aid Society, New York City (Daniel Greenberg, M. Sue Wycoff and Gautam Rana of counsel), for respondent.

PARNESS, P. J., McCOOE and DAVIS, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order entered May 27, 1998 reversed, on the law, the accusatory instrument is reinstated, and the matter remanded to Criminal Court for further proceedings.

The misdemeanor complaint charging defendant with unlicensed general vending (Administrative Code of City of NY § 20-453)* was improperly dismissed at arraignment for facial insufficiency. From a procedural standpoint, the defendant...

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