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PEOPLE v. SMITH

2010-00410

88 A.D.3d 749 (2011)

930 N.Y.S.2d 489

2011 NY Slip Op 7083

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

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

Decided October 4, 2011.

Ordered that the order dated December 10, 2009, is reversed, on the law, upon reargument, the determination in the order dated June 22, 2009, granting the defendant's motion to dismiss the indictment is vacated, the defendant's motion pursuant to CPL 30.30 to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.

Pursuant to CPL 30.30 (1) (a), the People...

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