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PEOPLE v. RYAN

195 A.D.2d 1053 (1993)

601 N.Y.S.2d 895

The People of the State of New York, Appellant, v. David Ryan, Respondent

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

July 16, 1993

Order unanimously affirmed and indictment dismissed.

Memorandum:

We affirm for reasons stated in the decision at County Court (Harvey, J.). We add only that the indictment must be dismissed because the unsuccessful appeal by the People precludes all further prosecution of defendant for the charges contained in the accusatory instrument (see, CPL 450.50 [2]; People v Felton, 171 A.D.2d 1034, affd

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