PEOPLE v. McKIVER

2008-660 RICR.

24 Misc.3d 78 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHELLE McKIVER, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided June 22, 2009.


Attorney(s) appearing for the Case

Daniel M. Donovan, Jr., District Attorney, Staten Island (Morrie I. Kleinbart of counsel), for appellant.

Legal Aid Society, New York City (Steven Banks and Steven R. Berko of counsel), for respondent.

PESCE, P.J., GOLIA and STEINHARDT, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Order reversed, on the law, accusatory instrument reinstated and matter remitted to the Criminal Court for all further proceedings.

Defendant was charged in an accusatory instrument with assault in the third degree (Penal Law § 120.00 [1]), endangering the welfare of a child (Penal Law § 260.10 [1]), attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]) and harassment in the second...

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