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PEOPLE v. CALKINS

KA 10-00921.

85 A.D.3d 1676 (2011)

925 N.Y.S.2d 773

2011 NY Slip Op 5314

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL J. CALKINS, Appellant.

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

Decided June 17, 2011.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, that part of the omnibus motion seeking to dismiss the indictment is granted and the indictment is dismissed without prejudice to the People to re-present any appropriate charges under the sole count of the indictment to another grand jury.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal mischief...

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