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PEOPLE v. WASHINGTON

228 A.D.2d 23 (1997)

652 N.Y.S.2d 750

The People of the State of New York, Appellant, v. Antonio Washington, Respondent

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

January 21, 1997

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Steven J. Chananie, Robin A. Forshaw and Sharon Y. Brodt of counsel; Brent P. Reilly on the brief), for appellant.

Daniel L. Greenberg, New York City (Katheryne M. Martone of counsel), for respondent.

ROSENBLATT, J. P., PIZZUTO and GOLDSTEIN, JJ., concur in a Per Curiam opinion; FRIEDMANN, J., dissents in a separate opinion.

Per Curiam.

For reasons that follow, we hold that the motion court erred in dismissing the indictment. The court acted on its conclusion that the indictment was premised on a legally insufficient chemist's report. We disagree, and we reverse the order of dismissal. Our holding in this appeal serves as a basis for reversal in a number of other appeals decided herewith (see, People v Carrington, ___ AD2d ___,...

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