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PEOPLE v. BRUMMEL

136 A.D.2d 322 (1988)

The People of the State of New York, Appellant, v. Carlos Brummel, Respondent

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

April 14, 1988

Attorney(s) appearing for the Case

Sherrill R. Spatz of counsel (Mark Dwyer and Hilary Hassler with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Eve Kessler of counsel (Philip L. Weinstein, attorney), for respondent.

MURPHY, P. J., SANDLER, CARRO and ASCH, JJ., concur.

KASSAL, J.

The People appeal from an order of the Supreme Court, New York County, entered January 30, 1986, which granted defendant's motion for a trial order of dismissal pursuant to CPL 290.10 (1) after jury deadlock resulted in the declaration of a mistrial. As a threshold issue, this court must address the appealability of the lower court's ruling.

Carlos Brummel was indicted on April 26, 1985, for...

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