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PEOPLE v. DYKES

86 A.D.2d 191 (1982)

The People of the State of New York, Appellant, v. Timmy Dykes, Respondent

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

April 19, 1982

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Steven P. Polivy of counsel), for appellant.

Trevor L. F. Headley for respondent.

GIBBONS and BROWN, JJ., concur with NIEHOFF, J.; MANGANO, J. P., and THOMPSON, J., concur in the result in an opinion by MANGANO, J. P.

NIEHOFF, J.

On or about January 10, 1980 the defendant was charged under Indictment No. 4096/1979 with the crimes of assault in the first degree and criminal possession of a weapon in the fourth degree. The charges arose out of an incident which occurred on or about September 17, 1979 in Kings County in which the complainant was stabbed in the neck and hand. The question on this appeal is whether the dismissal...

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