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PEOPLE v. ASARO

239 A.D.2d 426 (1997)

658 N.Y.S.2d 899

The People of the State of New York, Appellant, v. Vincent Asaro, Respondent

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

May 12, 1997

Ordered that the order is reversed insofar as appealed from, on the law, those branches of the defendant's omnibus motion which were to dismiss count 1 and counts 4 through 28 of the indictment are denied, those counts of the indictment are reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.

On a motion to dismiss the indictment, the inquiry is whether the...

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