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PEOPLE v. TORRES

252 A.D.2d 60 (1999)

686 N.Y.S.2d 375

The People of the State of New York, Appellant, v. Eddie Torres, Respondent

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

February 25, 1999

Attorney(s) appearing for the Case

Stanley R. Kaplan of counsel (Joseph N. Ferdenzi on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for appellant.

Cynthia Colt of counsel (M. Sue Wycoff, attorney), for respondent.

ROSENBERGER, WILLIAMS and SAXE, JJ., concur.

SULLIVAN, J. P.

The People appeal from the dismissal of counts one through six of the indictment, charging defendant, acting in concert with others, with the crimes of attempted murder in the second degree (two counts), attempted assault in the first degree (two counts) and assault in the second degree (two counts) because of the prosecutor's failure to instruct the...

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