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PEOPLE v. SHERMAN

25 A.D.3d 813 (2006)

808 N.Y.S.2d 754

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BENJAMIN SHERMAN, Respondent.

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

January 31, 2006.

Ordered that the appeal is dismissed.

On January 7, 2003, the Supreme Court orally granted the defendant's motion to dismiss the indictment in furtherance of justice (see CPL 210.40), stating, in pertinent part, "indictment is dismissed. This constitutes the decision and order of the court." On the same day, an entry was made in what is commonly referred to as the court's "motion buck sheet" stating, "motion to dismiss...

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