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PEOPLE v. GRABINSKI

189 Misc.2d 307 (2001)

731 N.Y.S.2d 583

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES GRABINSKI, Appellant.

Supreme Court, Appellate Term, Second Department.

July 2, 2001.

Attorney(s) appearing for the Case

Malvina Nathanson, New York City, for appellant.

Michael E. Bongiorno, District Attorney of Rockland County, New City (Ann C. Sullivan of counsel), for respondent.

FLOYD, P. J., and COPPOLA, J., concur; COLABELLa, J., dissents in part and concurs in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction for resisting arrest (Penal Law § 205.30) reversed on the law and superseding information dismissed.

Judgment of conviction for assault in the third degree (Penal Law § 120.00 [1]) affirmed.

The superseding information charging defendant with resisting arrest was jurisdictionally insufficient (see, CPL 100.15, 100.40...

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