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PEOPLE v. RODRIGUEZ

21 A.D.3d 834 (2005)

803 N.Y.S.2d 4

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT RODRIGUEZ, Appellant.

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

September 27, 2005.

The court properly exercised its discretion in entertaining the People's technically untimely motion to reargue the dismissal of the count of criminal possession of a weapon in the second degree (see CPLR 2221 [d]; Garcia v. The Jesuits of Fordham, 6 A.D.3d 163, 165 [2004]), especially as the People's delay was caused by ongoing plea negotiations with defendant. The sufficiency of the grand jury evidence is not reviewable...

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