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PEOPLE v. ELMER

103515.

98 A.D.3d 810 (2012)

950 N.Y.S.2d 282

2012 NY Slip Op 6041

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CAROL ELMER, Respondent.

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

Decided August 23, 2012.

Malone Jr., J.

When this appeal was previously before this Court, we dismissed the People's appeal upon the finding that no appeal lies from an oral ruling issued by a criminal court dismissing some counts of the indictment (84 A.D.3d 1593 [2011]). The Court of Appeals reversed and remitted the matter to this Court (19 N.Y.3d 501 [2012]).

The Court of Appeals declared that "it is sound...

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