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PEOPLE v. KWOK MING CHAN

45 A.D.2d 613 (1974)

The People of the State of New York, Appellant, v. Kwok Ming Chan, Respondent

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

October 31, 1974.

Attorney(s) appearing for the Case

Edward McDonald of counsel (Lewis R. Friedman with him on the brief; Richard H. Kuh, District Attorney), for appellant.

Daniel J. Brooks of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for respondent.

McGIVERN, P. J., NUNEZ, MURPHY and LUPIANO, JJ., concur in Per Curiam opinion; KUPFERMAN, J., dissents in an opinion.

Per Curiam.

This is an appeal from an order of the Supreme Court, New York County (LEFF, J.), entered on March 25, 1974, which dismissed, pursuant to CPL 210.40, the indictment charging reckless endangerment in the first degree and possession of a weapon, a loaded pistol, as a felony.

Defendant moved for dismissal of the indictment on November 5, 1973, pursuant to CPL 210.20, upon the ground of denial of the...

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