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PEOPLE v. LANCASTER

114 A.D.2d 92 (1986)

The People of the State of New York, Appellant, v. Peter Lancaster, Respondent

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

January 24, 1986

Attorney(s) appearing for the Case

Richard A. Hennessy, Jr., District Attorney (John Cirando of counsel), for appellant.

Wiles, Fahey & Lynch (Emil Rossi of counsel), for respondent.

DILLON, P. J., DOERR, DENMAN and PINE, JJ., concur.

CALLAHAN, J.

The People appeal from an order dismissing two counts of an indictment which charged defendant with attempted murder (Penal Law §§ 110.00, 125.25 [1]) and assault, second degree (Penal Law § 120.05 [1]).

It was on the evening of October 21, 1984, when defendant, who was then confined to the Hutchings Psychiatric Center in the City of Syracuse pursuant to a CPL article 730 retention...

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