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PEOPLE v. DION

93 N.Y.2d 893 (1999)

711 N.E.2d 963

689 N.Y.S.2d 685

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD DION, JR., Appellant.

Court of Appeals of the State of New York.

Decided April 29, 1999.

Attorney(s) appearing for the Case

Kevin J. Bauer, Buffalo, for appellant.

Michael A. Arcuri, District Attorney of Oneida County, Utica (Matthew P. Worth of counsel), 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 County Court should be affirmed.

Defendant was convicted of criminal mischief in the fourth degree and petit larceny, both class A misdemeanors (Penal Law §§ 145.00, 155.25). On March 13, 1996, the People commenced an action against defendant for criminal mischief in the third degree, a class E felony (Penal Law § 145.05), and petit...

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