PEOPLE v. BROOKS


50 A.D.2d 319 (1975)

The People of the State of New York, Appellant, v. Darryl Brooks, Respondent

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

December 22, 1975


Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Janet Cunard of counsel), for appellant.

Natale & Rosen for respondent.

RABIN, Acting P. J., MARTUSCELLO and COHALAN, JJ., concur with SHAPIRO, J.; CHRIST, J., dissents and votes to dismiss the appeal, with an opinion.


SHAPIRO, J.

The People appeal from a trial order of dismissal of the County Court, Westchester County, which dismissed all counts of an indictment charging the defendant with the crimes of manslaughter in the first degree, assault in the first degree, and possession of a weapon, dangerous instrument and appliance, as a misdemeanor. We reverse and order a new trial.

PRELIMINARY STATEMENT

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