PEOPLE v. ABEEL

KA 09-00968.

67 A.D.3d 1408 (2009)

888 N.Y.S.2d 696

2009 NY Slip Op 08362

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CHRISTOPHER E. ABEEL, Respondent.

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

Decided November 13, 2009.


It is hereby ordered that the order so appealed from is unanimously reversed on the law, the motion is denied, the indictment and the verdict are reinstated, and the matter is remitted to Steuben County Court for sentencing.

Memorandum: The People appeal from a postverdict order, following a jury trial, granting defendant's motion to dismiss the indictment pursuant to CPL 290.10 (1). Defendant was charged with grand larceny in the third degree (Penal Law § 155...

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