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PEOPLE v. MUIR

33 A.D.3d 1058 (2006)

823 N.Y.S.2d 236

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. IAN P. MUIR, Respondent.

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

Decided October 19, 2006.

Spain, J.

In April 2003, defendant was charged in a four-count indictment with crimes arising out of a November 2002 alcohol related personal injury automobile accident. In September 2003, upon motion by defendant, County Court dismissed count two of the indictment, charging vehicular assault in the second degree, on the ground that it was duplicitous. The People requested an adjournment of the trial and appealed the order...

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