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PEOPLE v. DECREE

14 Misc.3d 8 (2006)

829 N.Y.S.2d 408

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EDDIE L. DECREE, Respondent.

Supreme Court, Appellate Term, Second Department.

October 27, 2006

Attorney(s) appearing for the Case

Kathleen M. Rice, District Attorney, Mineola (Robert A. Del Giorno of counsel), for appellant.

Legal Aid Society of Nassau County, Hempstead (Kent V. Moston, Jeremy L. Goldberg and Truong N. Vu of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Order reversed on the law, defendant's motion for a trial order of dismissal denied, jury verdict convicting him of obstructing governmental administration in the second degree reinstated and matter remanded to the court below for sentencing.

Pursuant to CPL 290.10 (1) (a), a court may grant a motion for a trial order of dismissal upon a finding "that the trial evidence is not legally sufficient to establish the offense...

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