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PEOPLE v. MORALES

143 Misc.2d 354 (1989)

The People of the State of New York, Plaintiff, v. Edwin Morales, Defendant.

Supreme Court, Kings County.

April 17, 1989

Attorney(s) appearing for the Case

Liotti & Skelos (Thomas F. Liotti of counsel), for defendant. Elizabeth Holtzman, District Attorney (Mary Connelly of counsel), for plaintiff.

ANNE G. FELDMAN, J.

Defendant moves to dismiss the indictment pursuant to People v Cade (140 A.D.2d 99 [2d Dept 1988], adhered to on rearg 145 A.D.2d 565). After the Grand Jury had voted a 27-count indictment the prosecutor asked it to withdraw its vote on one misdemeanor count and recharged it on that count alone.

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