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PEOPLE v. GALATRO

194 A.D.2d 552 (1993)

598 N.Y.S.2d 321

The People of the State of New York, Appellant, v. James Galatro and John Schmidt, Respondents

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

June 1, 1993

Ordered that the order is reversed, on the law, the motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.

The defendants were arrested following an altercation with a third man in the middle of Flatbush Avenue in Brooklyn which occurred in the early morning hours of July 13, 1991. One or both of the defendants struck that...

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