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PEOPLE v. EDWARDS

142 A.D.2d 964 (1988)

The People of the State of New York, Respondent, v. Sammie Edwards, Appellant

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

July 7, 1988

Judgment unanimously affirmed.

Memorandum:

Upon the exercise of our power of independent review (see, People v Bleakley, 69 N.Y.2d 490), we find that the implicit finding of an intent to steal was not contrary to the weight of the credible evidence. We also conclude that the trial court did not abuse its discretion by refusing to dismiss the indictment in the interest of justice pursuant to CPL 210.40.

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