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PEOPLE v. FORTUNATO

70 A.D.3d 851 (2010)

894 N.Y.S.2d 152

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO FORTUNATO, Appellant.

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

Decided February 9, 2010.

Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

During the early morning hours of November 30, 1994, Sabatino Lombardi and Michael D'Urso were shot by John Carlo Imbrieco and Anthony Bruno inside the San Giuseppe social club in the Williamsburg section...

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