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PEOPLE v. SMITH

217 A.D.2d 671 (1995)

630 N.Y.S.2d 84

The People of the State of New York, Appellant, v. Perry Smith, Respondent

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

July 24, 1995

Ordered that the order is reversed, on the law and as a matter of discretion in the interest of justice, the defendant's motion is denied, the indictment is reinstated in its entirety, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.

On the evening of November 15, 1991, Helen Herbert was riding her bicycle on the Brooklyn Bridge bicycle path when the defendant crashed...

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