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PEOPLE v. DAWKINS

289 A.D.2d 589 (2001)

735 N.Y.S.2d 818

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JERMAINE DAWKINS, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 31, 2001.

Ordered that the order is reversed, on the law, that branch of the motion is denied, the counts are reinstated, and the matter is remitted to the County Court, Suffolk County, for further proceedings.

It was improper for the County Court to dismiss two counts of the indictment. This was not the rare and "unusual case that cries out for fundamental justice beyond the confines of conventional considerations" (People v Belge, 41 N.Y.2d 60

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