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PEOPLE v. CROOKS

40 A.D.3d 542 (2007)

838 N.Y.S.2d 29

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CROOKS, Appellant.

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

Decided May 31, 2007.

Although the People had requested that the larceny and stolen property counts be dismissed, and sought to proceed to trial only on the burglary count, defendant objected to the dismissal of these counts. While the court did initially dismiss the counts, it was without prejudice to defendant seeking to have them reinstated as lesser included offenses following the presentation of evidence. At the close of evidence, defendant sought...

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