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PEOPLE v. ALBRA

13 Misc.3d 64 (2006)

827 N.Y.S.2d 424

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AZEM ALBRA, Appellant.

Supreme Court, Appellate Term, Second Department.

September 5, 2006.

Attorney(s) appearing for the Case

Thomas P. Halley, Poughkeepsie, for appellant.

Van DeWater & Van DeWater, LLP, Poughkeepsie (Kyle W. Barnett of counsel), for respondent.

RUDOLPH, P.J., and ANGIOLILLO, J., concur; TANENBAUM, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction affirmed.

Defendant contends that the information was defective because of an allegedly defective supporting deposition. However, defendant refers to the original information that was superseded by a second information (CPL 100.50 [1]) which specifically stated that it was based on the personal knowledge of the complainant Sergeant Hurley. Said...

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