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PEOPLE v. GABBIDON

172 Misc.2d 226 (1997)

657 N.Y.S.2d 289

The People of the State of New York, Plaintiff, v. Tennyson Gabbidon, Defendant.

Supreme Court, Kings County.

February 6, 1997

Attorney(s) appearing for the Case

Steven Hershkowitz for defendant. Charles J. Hynes, District Attorney of Kings County (Alysia Baker of counsel), for plaintiff.

MICHAEL L. PESCE, J.

Defendant moves to dismiss the indictment on the ground that an attempted murder in the first degree committed while in the course and furtherance of a designated felony is not a cognizable crime and to dismiss indictment No. 6930/96 on the ground that it has been superseded by this indictment.

In deciding this motion, the court has considered defendant's motion, the People's affirmation...

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