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PEOPLE v. PROSPER

1011-08.

2008 NY Slip Op 51332 (U)

THE PEOPLE OF THE STATE OF NEW YORK v. JEREMY PROSPER, Defendant

Supreme Court of the State of New York, Kings County.

Decided June 20, 2008.

JOSEPH K. McKAY, J.

In a May 14, 2008 Decision and Order (see attached) this Court found that the FIRST COUNT of the indictment (Penal Law § 110.00/160.10-1)1 was on its face insufficient because it omitted the necessary statutory element "aided by another person actually present." The Court, however, reserved decision on whether or not to dismiss this count holding that if the District Attorney sought to amend the count to insert...

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