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PEOPLE v. PALACIOS

185 Misc.2d 773 (2000)

713 N.Y.S.2d 893

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MIGUEL PALACIOS, Defendant.

Supreme Court, New York County.

August 29, 2000.

Attorney(s) appearing for the Case

Robert Dunn, New York City, for defendant.

Robert M. Morgenthau, District Attorney of New York County (Michael Kitsis of counsel), for plaintiff.

OPINION OF THE COURT

RENEE A. WHITE, J.

The defendant has been indicted for the crime of bail jumping in the second degree in violation of Penal Law § 215.56 based upon his failure to appear in court as required on a violation of probation. The defendant now moves to dismiss the indictment on the ground that the People cannot establish a necessary element of the offense, namely that the defendant was to...

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