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PEOPLE v. McCONNELL

11 Misc.3d 57 (2006)

812 N.Y.S.2d 742

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KEVIN R. McCONNELL, Respondent.

Supreme Court, Appellate Term, Second Department.

March 1, 2006.

Attorney(s) appearing for the Case

Thomas J. Spotta III, District Attorney, Riverhead (Michael J. Brennan of counsel), for appellant.

Perini & Hoerger, Hauppauge (Maureen S. Hoerger of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Order reversed on the law, the branch of defendant's motion seeking to dismiss the accusatory instrument denied, accusatory instrument reinstated and matter remanded to the court below for a determination of the remaining branches of defendant's motion and for all further proceedings.

Following what the Justice Court termed a near fatal accident, defendant was charged...

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