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PEOPLE v. BAILEY

2009-03267.

102 A.D.3d 701 (2013)

958 N.Y.S.2d 173

2013 NY Slip Op 101

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE BAILEY, Appellant.

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

Decided January 9, 2013.

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

The complainant testified at trial that on the night of May 5, 2007, he watched a televised boxing match at home with a group of his friends, during which he consumed "[a]bout ten" alcoholic drinks and...

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