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PEOPLE v. AINSWORTH

106 A.D.2d 357 (1984)

The People of the State of New York, Appellant, v. George Alan Ainsworth, Respondent

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

December 27, 1984

The People appeal from an oral order, made two months after declaration of a mistrial, which granted a defense motion to dismiss the top count in the indictment — murder in the second degree — but granted the People leave to resubmit to the Grand Jury the lesser charge of manslaughter in the second degree. Finding the evidence of defendant's guilt to be "almost exclusively" circumstantial, the court relied upon

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