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MATTER OF BEARY v. CITY OF RYE

59 A.D.2d 905 (1977)

In the Matter of John Beary, Respondent, v. City of Rye, Appellant

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

November 14, 1977

Order reversed, on the law, without costs or disbursements, and application denied.

Petitioner-respondent was indicted for burglary and various sexual offenses in May, 1975. Thereafter the criminal complaint against him was dismissed by the Grand Jury on January 14, 1976, and the dismissal was filed on January 16, 1976 (see CPL 190.75, subd 1). No application was thereafter made to the court for authority to resubmit the charges against the petitioner (see CPL 190...

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