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PEOPLE v. LOPEZ

113 A.D.2d 475 (1985)

The People of the State of New York, Respondent, v. Eugene Lopez, Appellant

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

December 23, 1985

Attorney(s) appearing for the Case

Martin S. Dorfman for appellant.

John J. Santucci, District Attorney (John Castellano of counsel), for respondent.

GIBBONS, J. P., and EIBER, J., concur with WEINSTEIN, J.; BROWN, J., dissents and votes to reverse and dismiss the indictment without prejudice to the People's re-presenting any appropriate charges to another Grand Jury (see, People v Beslanovics, ).

WEINSTEIN, J.

Defendant was originally charged by a Queens County Grand Jury with one count of murder in the second degree, two counts of criminal use of a firearm in the second degree and criminal possession of a weapon in the second degree emanating from the shooting of Edward Necci with a handgun on May 19, 1982. On the People's motion, the criminal use of a firearm counts were dismissed. After two trials...

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