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PEOPLE v. CRUZ

2011-990 QCR.

39 Misc.3d 52 (2013)

963 N.Y.S.2d 506

2013 NY Slip Op 23116

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. VICTOR M. CRUZ, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided April 8, 2013.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Kew Gardens ( Gary Fidel and Edward D. Saslaw of counsel), for appellant.

Steven Banks , Legal Aid Society, New York City ( Cheryl Williams of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the appeal from the order dated August 30, 2010 is dismissed, as that order was superseded by the order dated February 7, 2011; and it is further, ordered that the order dated February 7, 2011, insofar as appealed from, is affirmed.

Defendant, who was charged with two counts of criminal possession of a weapon in the fourth degree (Penal Law § 265.01), one count of unlawful possession of marihuana...

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