PEOPLE v. THUMSER


148 Misc.2d 472 (1990)

The People of the State of New York, Respondent, v. Bart Thumser, Appellant.

Supreme Court, Appellate Term, Second Department.

October 15, 1990


Attorney(s) appearing for the Case

Robert M. DeSoto for appellant. Denis Dillon, District Attorney (Herbert H. Esrick of counsel), for respondent.

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


MEMORANDUM.

Judgment of conviction unanimously reversed on the law, motion to dismiss granted and fine and surcharge remitted.

The sole issue raised on the appeal is the denial upon reargument of defendant's motion to dismiss the simplified traffic information on the ground that he was not timely served with a supporting deposition.

Defendant was arraigned on December 30, 1988, and requested a supporting...

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