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PEOPLE v. GOINS

234 A.D.2d 996 (1996)

653 N.Y.S.2d 51

The People of the State of New York, Appellant, v. Albert Goins, III, Charles Burdick, Jr., and William Pick, III, Respondents

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

December 30, 1996

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

Memorandum:

County Court erred in granting defendants' motion to dismiss the indictment on the ground of insufficient evidence pursuant to CPL 210.20 (1) (b). Competent evidence presented to the Grand Jury established that defendants were inside the vacant building hours before it was

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