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PEOPLE v. SMITH

159 Misc.2d 1017 (1994)

607 N.Y.S.2d 591

The People of the State of New York, Plaintiff, v. Perry Smith, Defendant.

Supreme Court, Kings County.

January 11, 1994

Attorney(s) appearing for the Case

Aiello, Cannick & Esposito, Maspeth (John S. Esposito of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Eun Hae Park of counsel), for plaintiff.

YVONNE LEWIS, J.

The defendant, Perry Smith, moves to dismiss the indictment pursuant to CPL 210.40. The defense requests that, in the interests of justice, the court dismiss the felony counts of the indictment, and allow the defendant to plead guilty to a misdemeanor count of the indictment. The People submit their response in opposition.

Mr. Smith is charged with robbery in the first degree, robbery...

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