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PEOPLE v. SCHACKER

175 Misc.2d 834 (1998)

670 N.Y.S.2d 308

The People of the State of New York, Plaintiff, v. Robert Schacker, Defendant.

District Court of Suffolk County, First District.

January 27, 1998

Attorney(s) appearing for the Case

Reno & Artura, Lindenhurst, for defendant. James M. Catterson, Jr., District Attorney of Suffolk County, Central Islip, for plaintiff.

LAWRENCE DONOHUE, J.

The defendant moved to dismiss the misdemeanor information in the interest of justice pursuant to CPL 170.40. After a Clayton hearing, the court dismissed the information in accordance with the following opinion.

The defendant is charged with assault in the third degree in violation of Penal Law § 120.00 (1). The factual portion of the information reads as follows: ...

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