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PEOPLE v. SMITH

289 A.D.2d 597 (2001)

735 N.Y.S.2d 813

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. McKINLEY SMITH, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KARNES PLANTIN, Respondent.

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

Decided December 31, 2001.

Ordered that the amended order is reversed insofar as appealed from, on the law, those branches of the defendants' respective omnibus motions which were to dismiss count one of the indictment are denied, count one of the indictment is reinstated, and the matter is remitted to the County Court, Nassau County, for further proceedings on the indictment.

We agree with the County Court, Nassau County, that a statement by the...

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