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PEOPLE v. LOPEZ

200 A.D.2d 767 (1994)

607 N.Y.S.2d 368

The People of the State of New York, Respondent, v. Hector Lopez, Appellant

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

January 31, 1994

Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, count two of the indictment, charging the defendant with murder in the second degree, is dismissed, without prejudice to the People to represent any appropriate charges to another Grand Jury (see, People v Beslanovics, 57 N.Y.2d 726), and a new trial is ordered as to counts three and four of the indictment, charging...

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