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PEOPLE v. ALONZO

62 A.D.3d 720 (2009)

877 N.Y.S.2d 695

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSE CASIANO ALONZO, Respondent.

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

Decided May 5, 2009.

Ordered that the order is affirmed.

An indictment is multiplicitous when two or more counts charge the same crime (see People v Aarons, 296 A.D.2d 508 [2002]; People v Nailor, 268 A.D.2d 695, 696 [2000]). The County Court properly dismissed counts two and five of the indictment as they were multiplicitous to counts one and four of the indictment. The conduct alleged in the dismissed...

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