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PEOPLE v. AUCELLO

146 Misc.2d 417 (1990)

The People of the State of New York, Respondent, v. Julius C. Aucello, Appellant.

Supreme Court, Appellate Term, Second Department.

March 27, 1990

Attorney(s) appearing for the Case

Servino & Seymour (Anthony J. Servino of counsel), for appellant. Carl A. Vergari, District Attorney (Christopher M. Shaw and Bruce Edward Kelly of counsel), for respondent.

DiPAOLA, P. J., STARK and COLLINS, JJ., concur.

MEMORANDUM.

Judgment of conviction unanimously reversed, upon the law and as a matter of discretion in the interest of justice, information dismissed and fine remitted.

Defendant made a written request for a supporting deposition and following a failure by the complainant police officer to serve and file the same, filed a written motion to dismiss on said ground. On the date set for trial, the officer brought the...

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