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PEOPLE v. BATTLE

301 A.D.2d 537 (2003)

752 N.Y.S.2d 901

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RICHARD BATTLE, Also Known as ERIC MITCHELL, Respondent.

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

Decided January 13, 2003.

Ordered that the order, as amended, is reversed, on the law and the facts, the motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.

In a hearing on a motion to dismiss an indictment, the defendant has the burden of proving, by a preponderance of the evidence, every fact essential to support the motion (see CPL 210.45 [7]; People v Anderson,

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