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PEO. v. SMITHTOWN HOSP.

92 Misc.2d 144 (1977)

The People of the State of New York, Plaintiff, v. Smithtown General Hospital, Defendant.

Supreme Court, Criminal Term, Suffolk County.

November 28, 1977

Attorney(s) appearing for the Case

James M. La Rossa for defendant. Henry F. O'Brien, District Attorney (Salvatore A. Alamia of counsel), for plaintiff.

JOSEPH JASPAN, J.

The defendant, Smithtown General Hospital, demurred to the indictments against it upon the ground that since it was a general partnership it could not be indicted and therefor was incapable of pleading to the charges.

This court, holding that demurrers were no longer available as a procedural remedy, directed the clerk to enter pleas of not guilty (CPL 220.50, subd 3) and then elected...

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