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PEOPLE v. EDMISTER

46 Misc.2d 393 (1965)

The People of the State of New York, Plaintiff, v. Morris Edmister, Defendant.

County Court, Schuyler County.

May 19, 1965

Attorney(s) appearing for the Case

William N. Ellison, District Attorney, for plaintiff. Michael Lo Pinto for defendant.

LISTON F. COON, J.

The District Attorney has moved, by order to show cause, for the dismissal of Schuyler County Indictment No. 1964-28 charging defendant with assault in the third degree, and to represent the case to the Grand Jury. Defendant, through counsel, resists the motion. The court is confronted with an anomalous situation where the People seek to dismiss an indictment and the defendant opposes the...

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