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PEOPLE v. LAM

2009-2389 NCR.

31 Misc.3d 101 (2011)

925 N.Y.S.2d 805

2011 NY Slip Op 21129

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SHERMAN LAM, Respondent.

Supreme Court, Appellate Term, Second Department.

April 1, 2011.

Attorney(s) appearing for the Case

Kathleen M. Rice , District Attorney, Mineola ( Tammy J. Smiley , Jason P. Weinstein and Susan Lutinger of counsel), for appellant.

Romano & Kuan, PLLC, New York City ( Julia P. Kuan of counsel), for respondent.

NICOLAI, P.J., TANENBAUM and LaCAVA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, on the law, the branch of defendant's motion seeking to dismiss the accusatory instrument is denied, the accusatory instrument is reinstated, and the matter is remitted to the District Court for the determination of the remaining branches of defendant's omnibus motion and for all further proceedings.

Defendant was charged in an...

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