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PEOPLE v. GUZMAN

168 A.D.2d 154 (1991)

The People of the State of New York, Appellant, v. Sandra Guzman, Respondent

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

May 31, 1991

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Andrew Zwerling of counsel), for appellant.

Murray Cutler (Elan Gerstmann of counsel), for respondent.

BROWN, J. P., KUNZEMAN and EIBER, JJ., concur.

BALLETTA, J.

In the case at bar, the trial court dismissed the indictment on the motion of the defendant, claiming that it had an inherent power to do so in the interest of justice. The dismissal of the indictment was not pursuant to CPL 210.20 (1) or 210.40, nor was it predicated upon any statutory violation under CPL 190.50, nor was it based upon any other statutory authority. We conclude that the indictment...

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