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PEOPLE v. CLEMENTE

150 A.D.2d 709 (1989)

The People of the State of New York, Appellant, v. Victor Clemente, Respondent

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

May 22, 1989

Ordered that the order is reversed, on the law and the facts, the motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.

The court erred in granting the defendant's motion to dismiss the indictment, which charged him with murder in the second degree and criminal possession of a weapon in the third and fourth degrees, based...

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