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PEOPLE v. SIDARAH

570975/2011.

41 Misc.3d 17 (2013)

973 N.Y.S.2d 517

2013 NY Slip Op 23259

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YAUHENI SIDARAH, Appellant.

Supreme Court, Appellate Term, First Department.

Decided July 31, 2013.

Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Karen Oprea of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sheryl Feldman of counsel), for respondent.

HUNTER, JR., J.P., TORRES and SHULMAN, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered November 16, 2011, reversed, on the law, accusatory instrument dismissed and fine remitted.

Defendant's motion to dismiss the accusatory instrument as jurisdictionally defective should have been granted, since the misdemeanor complaint failed to allege "facts of an evidentiary character" (CPL 100.15 [3]) demonstrating "reasonable cause...

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