PEOPLE v. REYES


148 Misc.2d 227 (1990)

The People of the State of New York, Appellant, v. Roberto Reyes, Respondent.

Supreme Court, Appellate Term, First Department.

October 23, 1990


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Paul Shechtman and Beth J. Thomas of counsel), for appellant. Ronald Cohen for respondent.

SANDIFER, J. P., MILLER and McCOOE, JJ., concur.


Per Curiam.

Order entered October 26, 1989 unanimously reversed, on the law, accusatory instrument reinstated, and case remanded to the Criminal Court for further proceedings as are appropriate.

Criminal Court erred when it, sua sponte, dismissed this misdemeanor "fare-beating" charge (Penal Law § 165.15 [theft of services]) upon defendant's arraignment. There is no "compelling" factor or circumstance...

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