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PEOPLE v. DePAOLIS

15 Misc.3d 58 (2007)

835 N.Y.S.2d 797

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS DePAOLIS, Appellant.

Supreme Court, Appellate Term, Second Department.

March 21, 2007.

Attorney(s) appearing for the Case

Christopher P. Nalley, Staten Island, for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island (Karen F. McGee and Anne Crick of counsel), for respondent.

WESTON PATTERSON, J.P., RIOS and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction reversed upon the law and information, insofar as it charged defendant with assault in the third degree, dismissed.

Defendant was convicted of assault in the third degree (Penal Law § 120.00 [1]) following an incident in which complainant was sprayed with a fire extinguisher held by defendant. Upon review of the evidence submitted, we find...

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