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PEOPLE v. HOLMES

93 N.Y.2d 889 (1999)

711 N.E.2d 965

689 N.Y.S.2d 687

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KATHLEEN HOLMES, Respondent.

Court of Appeals of the State of New York.

Decided April 29, 1999.

Attorney(s) appearing for the Case

Denis Dillon, District Attorney of Nassau County, Mineola (Daniel T. Butler and Peter A. Weinstein of counsel), for appellant.

Charles M. Newell, Quogue, for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be reversed and the matter remitted to that court for determination of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]).

Charged with petit larceny for shoplifting in a department store, defendant was arraigned on an information verified by complainant, the store detective who apprehended her. The accusatory part of the information begins with complainant's name ("being duly sworn...

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