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PEOPLE v. THOMAS

4 Misc.3d 57 (2004)

781 N.Y.S.2d 397

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. VICTOR T. THOMAS, Respondent.

Supreme Court, Appellate Term, Second Department.

March 9, 2004.

Attorney(s) appearing for the Case

Denis E. Dillon, District Attorney, Mineola (Douglas Noll and Lawrence J. Schwarz of counsel), for appellant.

Legal Aid Society of Nassau County, Hempstead (Kent V. Moston, Jeremy L. Goldberg and Christopher M. Cevasco of counsel), for respondent.

McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ., concur.

OPINION OF THE COURT

Memorandum.

On the court's own motion, appeals consolidated for purposes of disposition.

Appeal from the order dated July 10, 2002 unanimously dismissed as superseded by order dated April 18, 2003.

Order dated April 18, 2003 unanimously modified on the law by providing that, upon reargument, defendant's motion to dismiss the accusatory instruments is denied, accusatory instruments reinstated and matter remanded to the...

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