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PEOPLE v. HOLT

182 Misc.2d 919 (1999)

705 N.Y.S.2d 164

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILBUR E. HOLT, Also Known as WILBERT E. HOLT, Appellant.

Supreme Court, Appellate Term, First Department.

November 15, 1999.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Daniel L. Greenberg and Bertrand J. Kahn of counsel), for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Donald J. Siewert of counsel), for respondent.

PARNESS, P. J., FREEDMAN and DAVIS, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Judgment of conviction rendered September 17, 1997 reversed, on the law, and the information is dismissed.

Absent any indication that defendant consented to a trial before a Judicial Hearing Officer, the conviction obtained below lacked an "`essential jurisdictional predicate'" (Batista v Delbaum, Inc., 234 A.D.2d 45, 46) and...

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