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PEOPLE v. VANALST

94 KA 12-01643.

103 A.D.3d 1227 (2013)

959 N.Y.S.2d 356

2013 NY Slip Op 837

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FRANK VANALST, Also Known as SHAUN JOHNSON, Respondent.

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

February 8, 2013.

Appeal from an order of the Ontario County Court (Frederick G. Reed, A.J.), entered April 9, 2012. The order granted the motion of defendant to dismiss the indictment.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Ontario County Court for further proceedings in accordance with the following memorandum: The People appeal from an order dismissing the sole count of the indictment, which charged defendant with criminal...

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