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PEOPLE v. CONCEPCION

167 A.D.2d 413 (1990)

The People of the State of New York, Appellant, v. Joaquin Concepcion, Respondent

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

November 13, 1990

Ordered that the order is modified by adding a provision that the dismissal of the first count of the indictment charging burglary in the second degree is without prejudice to the People to re-present that charge to another Grand Jury; as so modified, the order is affirmed insofar as appealed from.

We have reviewed the evidence which was before the Grand Jury and conclude that the first count of the indictment, charging...

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