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PEOPLE v. STERLING

176 A.D.2d 1119 (1991)

The People of the State of New York, Appellant, v. Ben Sterling, Respondent

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

October 24, 1991

Mercure, J.

In August 1988, a felony complaint charging defendant with assault in the second degree was filed in the Town Court of the Town of Champlain, Clinton County. The proceedings were adjourned several times at the request of the People and, ultimately, by letter to Town Court dated October 19, 1988, the People sought to dismiss the complaint "without prejudice". By letter dated October 21, 1988, defendant's attorney advised Town Court that he...

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