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PEOPLE v. MYERS

171 A.D.2d 148 (1991)

The People of the State of New York, Respondent, v. Freddie Myers, Appellant

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

October 15, 1991

Attorney(s) appearing for the Case

Philip L. Weinstein (Susan J. Feathers and Wendy Davis of counsel), for appellant.

Charles J. Hynes, District Attorney (Jay M. Cohen, Victor Barrall and Amy Appelbaum of counsel), for respondent.

MANGANO, P. J., and SULLIVAN, J., concur with KOOPER J.; HARWOOD, J., concurs in result only in an opinion.

KOOPER, J.

The defendant, Freddie Myers, was arrested on December 30, 1984, and subsequently charged by Kings County indictment with two counts of criminal possession of a weapon in the third degree. On February 14, 1985 a bench warrant was issued after the defendant failed to appear for scheduled court appearances. Shortly thereafter, on February 26, 1985, the People filed a written statement indicating their...

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