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PEOPLE v. TZATZIMAKIS

150 A.D.2d 512 (1989)

The People of the State of New York, Appellant, v. Andreas Tzatzimakis, Respondent

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

May 8, 1989

Ordered that the order is reversed, on the law, the motion is denied and the indictment is reinstated.

The defendant was charged with insurance fraud in the third degree (Penal Law § 176.20; see also, Penal Law § 176.05). A nonjury trial was commenced and, therefore, the prosecutor was not required to deliver an opening statement (CPL 320.20 [3] [a]; People ex rel. Jones v Abrams, 114 A.D.2d 481; Matter...

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