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PEOPLE v. SMITH

2009-07021.

87 A.D.3d 1169 (2011)

930 N.Y.S.2d 234

2011 NY Slip Op 6867

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY SMITH, JR., Appellant.

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

Decided September 27, 2011.

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

On September 23, 2008, the defendant, with codefendant Stephen Williams and one or two other men, approached the complainant, accused him of being a "snitch," and began beating and kicking him. When...

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