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PEOPLE v. McMILLAN

10 Misc.3d 97 (2005)

810 N.Y.S.2d 786

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVERETT McMILLAN, Appellant.

Supreme Court, Appellate Term, Second Department.

December 19, 2005.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Laura R. Johnson and Lorca Morello of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Ellen C. Abbot and Jessica E. Silver of counsel), for respondent.

PESCE, P.J., GOLIA and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction unanimously reversed on the law and as a matter of discretion in the interest of justice, and accusatory instrument dismissed.

A review of the record on appeal indicates that there was no testimony adduced at trial as to why defendant was placed under arrest. Six police officers responded to a radio call of an incident at defendant's apartment...

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