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PEOPLE v. GILLIGAN

180 Misc.2d 573 (1999)

693 N.Y.S.2d 817

The People of the State of New York, Appellant, v. Sean Gilligan, Respondent.

Supreme Court, Appellate Term, Second Department.

May 6, 1999

Attorney(s) appearing for the Case

Jeanine Ferris Pirro, District Attorney of Westchester County, White Plains (Darcy P. Rydlun and Richard E. Weill of counsel), for appellant. Keogh & Santangelo, White Plains (Anthony J. Keogh of counsel), for defendant.

DiPAOLA, P. J., INGRASSIA and FLOYD, JJ., concur.

MEMORANDUM.

Order unanimously reversed on the law, accusatory instrument reinstated and matter remanded to a different Judge of the City Court for all further proceedings.

Defendant was charged with assault in the third degree (Penal Law § 120.00 [1]). The victim, Danny Weaver, was allegedly hit from behind by the defendant. The allegations contained in the supporting deposition of Michael Donohue indicate...

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