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PEOPLE v. SURIEL

173 Misc.2d 674 (1997)

663 N.Y.S.2d 464

The People of the State of New York, Appellant, v. Sergio Suriel, Respondent.

Supreme Court, Appellate Term, Second Department.

May 30, 1997

Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, P. C., Mineola (A. Thomas Levin and Mindy E. Hartstein of counsel), for appellant. Robert J. Sweeney, Freeport, for respondent.

DiPAOLA, P. J., and INGRASSIA, J., concur; COLLINS, J., taking no part.

MEMORANDUM.

Order reversed on the law, and matter remanded to the court below for determination de novo of defendant's motion to dismiss.

Defendant was charged in numerous accusatory instruments with violations of the Code of the Village of Freeport. Defendant, by notice of motion returnable November 25, 1995, moved to dismiss said accusatory instruments for legal insufficiency (see, CPL 170.45, 210.45)...

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