PEOPLE v. NIEVES

2004-06201.

73 A.D.3d 1087 (2010)

900 N.Y.S.2d 683

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EFREN NIEVES, Appellant.

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

Decided May 18, 2010.


Ordered that the judgment is reversed, on the law, the plea is vacated, superior court information No. 04-0141 is dismissed, and the matter is remitted to the County Court, Westchester County, for further proceedings on the felony complaint.

The defendant was charged, by felony complaint, with one count of attempted assault in the first degree under Penal Law § 120.10 (3), one count of criminal use of a firearm in the second degree, and one count of reckless...

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