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PEOPLE v. ARMSTRONG

163 Misc.2d 588 (1994)

624 N.Y.S.2d 507

The People of the State of New York, Appellant, v. Theodore Armstrong, Respondent.

Supreme Court, Appellate Term, First Department.

September 23, 1994

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney of Bronx County (Peter D. Coddington and Alan S. Rafterman of counsel), for appellant. Legal Aid Society, New York City (Philip L. Weinstein and Karen M. Kalikow of counsel), for respondent.

PARNESS, J. P., MILLER and McCOOE, JJ., concur.

Per Curiam.

Order entered July 2, 1992 reversed, on the law and on the facts, motion denied, superseding information reinstated, and the matter remanded for further proceedings.

Properly applying the rule of People v Sinistaj (67 N.Y.2d 236) that an accusatory instrument which replaces an earlier one in the same criminal action is related back to the original accusatory...

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