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PEOPLE v. NOVACK

74 A.D.2d 652 (1980)

The People of the State of New York, Appellant, v. Kathleen Novack and Diane Novack, Respondents

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

February 25, 1980

Order reversed, on the law, and indictment reinstated.

Criminal Term erred in dismissing the indictment on a ground other than that set forth by the defendants in their motion to dismiss (cf. People v Kovzelove, 72 A.D.2d 608). On the facts presented in the instant record, dismissal of the indictment was not warranted in the interest of justice (see People v Clayton, 41 A.D.2d 204

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