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PEOPLE v. DEL CARPIO

150 Misc.2d 445 (1991)

The People of the State of New York, Appellant, v. Robert Del Carpio, Respondent.

Supreme Court, Appellate Term, Second Department.

June 27, 1991

Attorney(s) appearing for the Case

William L. Murphy, District Attorney (William E. Garnett and Jonathan J. Silbermann of counsel), for appellant. Legal Aid Society (Sara Bennett of counsel), for respondent.

MONTELEONE, J. P., PIZZUTO and SANTUCCI, JJ., concur.

MEMORANDUM.

Order unanimously reversed on the law, accusatory instrument reinstated and matter remanded to the court below for all further proceedings.

The defendant was charged with violating section 478 of the Judiciary Law in that he identified himself as an attorney in an attempt to gain admission to the prisoner holding facility in the Richmond County Supreme Court.

The information alleges that:

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