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PEOPLE v. McCARTHY

262 A.D.2d 426 (1999)

691 N.Y.S.2d 124

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DAVID McCARTHY, Respondent.

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

Decided June 7, 1999.

Ordered that the order is affirmed insofar as appealed from.

Contrary to the People's contention, the Supreme Court did not err in dismissing the first two counts of the indictment charging intimidating a victim or witness in the third degree (Penal Law § 215.15 [1]) and coercion in the second degree (Penal Law § 135.60). The People failed to make a prima facie case that the accused committed the crimes charged by presenting legally sufficient, competent...

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