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PEOPLE v. CARTER

2010-234 ROCR.

33 Misc.3d 14 (2011)

930 N.Y.S.2d 755

2011 NY Slip Op 21290

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINIC CARTER, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided August 9, 2011.

Attorney(s) appearing for the Case

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

Thomas P. Zugibe , District Attorney, New City ( Itamar J. Yeger of counsel), for respondent.

NICOLAI, P.J., LACAVA and IANNACCI, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, the order issued June 25, 2009 is vacated, the People's motion to vacate the adjournment in contemplation of dismissal and to restore the case to the trial calendar is denied, and the accusatory instrument is dismissed.

At a pretrial hearing on December 11, 2008, the Justice Court granted defendant, who at that point was representing himself, an adjournment...

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