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PEOPLE v. SANDY

236 A.D.2d 104 (1997)

666 N.Y.S.2d 565

The People of the State of New York, Appellant, v. David Sandy, Respondent

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

December 4, 1997

Attorney(s) appearing for the Case

Gina Mignola of counsel (Amyjane Rettew and Nikki Kowalski on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for appellant.

John R. Wing of counsel (Christopher J. Morvillo on the brief; Weil, Gotshal & Manges, L. L. P., attorneys), for respondent.

MILONAS, J. P., ROSENBERGER, WALLACH and NARDELLI, JJ., concur.

RUBIN, J.

This is an appeal by the People from an order dismissing an indictment charging defendant with one count of conspiracy in the fifth degree (count one) and two counts of tampering with physical evidence. Count two, predicated on the commission of an act within New York County, was dismissed by Supreme Court as being unsupported by the record and is not at issue on this appeal. All other acts ascribed...

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