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PEOPLE v. DURANT

88 Misc.2d 731 (1976)

The People of the State of New York, Plaintiff, v. Howard Edward Durant, Defendant.

County Court, Suffolk County.

December 8, 1976

Attorney(s) appearing for the Case

Lawrence F. Spirn for defendant. Henry F. O'Brien, District Attorney (Charles H. Rosen of counsel), for plaintiff.

OSCAR MUROV, J.

The defendant is charged with two counts of assault in the second degree under subdivision 3 of section 120.05 of the Penal Law.

He moves to dismiss the indictment pursuant to CPL 210.20 (subd 1, par [e]) upon the grounds that prosecution of the within indictment is barred by reason of a previous prosecution. The People oppose defendant's motion.

For the purpose of the motion...

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