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PEOPLE v. WARE

82 Misc.2d 574 (1975)

The People of the State of New York, Appellant, v. James E. Ware, Respondent.

County Court, Erie County.

June 2, 1975

Attorney(s) appearing for the Case

Edward C. Cosgrove, District Attorney (Joseph J. Hodan of counsel), for appellant. William Sims for respondent.

WILLIAM G. HEFFRON, J.

The People appeal from a dismissal of an accusatory instrument charging the defendant with violating sections 140.05, 205.30 and 205.05 of the Penal Law on October 10, 1974, in the City Court of Buffalo. The arresting officer was a peace officer employed by the State University of New York at Buffalo.

In the court below the defendant-respondent moved to dismiss the information...

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