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PEOPLE v. COLONA

76 A.D.2d 912 (1980)

The People of the State of New York, Appellant, v. Kathy Colona, Respondent

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

June 23, 1980

Order reversed, on the law, and case remitted to the County Court for further proceedings consistent herewith.

Under the circumstances herein, collateral estoppel may not be invoked to bar the instant criminal proceedings (see People v Klein, 76 A.D.2d 913). However, in view of the County Court's failure to address itself to those branches of the defendant's motion which sought to dismiss the indictment (1) in the interests...

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