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PEOPLE v. SPAGNOLA

19 Misc.3d 16 (2008)

855 N.Y.S.2d 817

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KIM SPAGNOLA, Respondent.

Supreme Court, Appellate Term, Second Department.

January 11, 2008.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Jodi A. Danzig of counsel), for appellant.

Thomas F. Bello, Staten Island, for respondent.

WESTON PATTERSON, J.P. and GOLIA, J., concur; BELEN, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed.

The People appeal from an order granting defendant's motion to dismiss an accusatory instrument charging her with 36 counts of falsifying business records in the second degree (Penal Law § 175.05 [1]). Defendant, a licensed practical nurse, had brought the motion to dismiss in the furtherance of justice (see CPL 170.30 [1] [g]; 170.40)....

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