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PEOPLE v. CHERY

192 Misc.2d 18 (2002)

742 N.Y.S.2d 769

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

Supreme Court, Appellate Term, Second Department.

February 13, 2002.

Attorney(s) appearing for the Case

Legal Aid Society, Riverhead (Robert C. Mitchell and Alfred J. Cicale of counsel), for appellant.

James M. Catterson, Jr., District Attorney, Riverhead (Ronald E. Lipetz of counsel), for respondent.

FLOYD, P.J., DOYLE and WINICK, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgments of conviction unanimously reversed on the law and facts, and as a matter of discretion in the interest of justice, and accusatory instruments dismissed.

In this case, a sharp factual dispute was presented between the testimony of one of two arresting officers and that of the defendant. Defense counsel made a timely request for a missing witness charge...

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