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PEOPLE v. CIERVO

123 A.D.2d 393 (1986)

The People of the State of New York, Respondent, v. Doris E. Ciervo, Appellant

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

September 22, 1986

Judgment reversed, on the law and as a matter of discretion in the interest of justice, new trial ordered on the second count of the indictment charging the defendant with criminal possession of a weapon in the second degree, and the first count of the indictment dismissed, without prejudice to the People to re-present any appropriate charges to another Grand Jury (People v Beslanovics, 57 N.Y.2d 726).

The trial court's failure...

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