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PEOPLE v. LORIA

214 A.D.2d 1043 (1995)

626 N.Y.S.2d 941

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

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

April 28, 1995

Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment.

Memorandum:

County Court erred in dismissing the indictment against defendant after defense counsel orally moved, at the court's invitation, to dismiss pursuant to CPL 210.40 (1). The court based the dismissal upon the fact that defendant had already served...

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