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PEOPLE v. HART

151 Misc.2d 274 (1992)

The People of the State of New York, Appellant, v. Todd J. Hart, Patrick R. Meagher and James N. Rotondo, Respondents.

County Court, Monroe County.

February 10, 1992

Attorney(s) appearing for the Case

Nicholas Capobianco for Todd J. Hart, respondent. Stephen J. Bird for Patrick J. Meagher, respondent. Anthony F. Leonardo for James N. Rotondo, respondent. Howard R. Relin, District Attorney (Elizabeth Clifford of counsel), for appellant.

DAVID D. EGAN, J.

This is an appeal by the People from an order of Rochester City Court (149 Misc.2d 98 [Regan, J.]) dismissing the charge of criminal mischief in the fourth degree (Penal Law § 145.00 [3]) in the interests of justice pursuant to CPL 170.40.

The lower court, sua sponte, dismissed the charge against all defendants because the court...

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