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PEOPLE v. KELLER

34 Misc.2d 269 (1962)

The People of the State of New York, Appellant, v. Larry Keller, Respondent.

County Court, Schenectady County.

April 17, 1962

Attorney(s) appearing for the Case

D. Vincent Cerrito, District Attorney (Henry Bradt and Howard Levine of counsel), for appellant. Benjamin J. Segel for respondent.

ARCHIBALD C. WEMPLE, J.

The crux of this appeal seems to turn on the question of upon what grounds the court below dismissed the case. This appeal is brought under subdivision 3 of section 518 of the Code of Criminal Procedure which sets forth that the People may appeal in the following cases: "From an order of the court, made at any stage of the action, setting aside or dismissing the indictment on a ground...

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