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PEOPLE v. YOUNGBLOOD

210 A.D.2d 948 (1994)

621 N.Y.S.2d 265

The People of the State of New York, Respondent, v. Jearlean Youngblood, Appellant

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

December 23, 1994

Judgment unanimously reversed on the law, count two of the indictment dismissed without prejudice to the People to re-present any appropriate charges under count two to another Grand Jury and matter remitted to Niagara County Court for further proceedings on count one of the indictment.

Memorandum:

The People concede that reversal is mandated by County Court's use of an erroneous reasonable doubt charge (see, People v Guiteau,

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