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PEOPLE v. GONZALEZ

4 Misc.3d 16 (2004)

779 N.Y.S.2d 881

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUTH GONZALEZ, Appellant.

Supreme Court, Appellate Term, First Department.

April 21, 2004.

Attorney(s) appearing for the Case

John H. Wilson, New York City, for appellant.

Robert T. Johnson, District Attorney, Bronx (Peter D. Coddington and Hae Jin Liu of counsel), for respondent.

DAVIS and GANGEL-JACOB, JJ., concur; McCOOE, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Judgment of conviction rendered November 20, 2000 reversed, on the facts and as a matter of discretion in the interest of justice, and the accusatory instrument is dismissed.

This criminal prosecution stems from an altercation between two neighboring residents of a Bronx apartment building. It is alleged that on November 25, 1998, at approximately 10:00 p.m., defendant Ruth Gonzalez stabbed the complainant with a...

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