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PEOPLE v. AUSTIN

9 A.D.3d 369 (2004)

780 N.Y.S.2d 23

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CRAIG AUSTIN, JAREZ BARNEZ, LYDELL BRYANT, DITRELL DAVIS, Also Known as DITRELL GAINEY, HASSAN DENTON, CHARLES ENRICO, WARREN FAISON, BOYCE HAYWARD, RUDOLPH JAVARIS, CHAMELL JOHNSON, AKIEM MALONE, JAMAR MILLER, JAMES MURRAY, DONALD NESBIT, JAMES OPHARROW, TRAVEN PEARSALL, COREY PHILLIPS, RASHAWN RAMPERSANT, MELIEK SANDERS, CASEY SCOTT, MICHAEL SIMMS and GLENN WARREN, Respondents, et al., Defendants.

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

July 6, 2004.

Ordered that the appeal from the order dated June 20, 2003, is dismissed, as that order was superseded by the order dated November 5, 2003, made upon reargument; and it is further,

Ordered that the order dated November 5, 2003, is reversed insofar as appealed from, on the law, the order dated June 20, 2003, is vacated, those branches of the respondents' omnibus motion which were to dismiss the first count of the indictment charging conspiracy in the first degree and...

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