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PEOPLE v. CARBALLO

158 A.D.2d 701 (1990)

The People of the State of New York, Respondent, v. Mark Anthony Carballo, Appellant

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

February 26, 1990

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, count one of the indictment charging the defendant with murder in the second degree is dismissed, without prejudice to the People to represent any appropriate charges to another Grand Jury (see, People v Beslanovics, 57 N.Y.2d 726), and a new trial is ordered on the second count of the indictment. No questions of fact have been raised...

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