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PEOPLE v. DIACK

2011-1261 N CR.

41 Misc.3d 36 (2013)

974 N.Y.S.2d 235

2013 NY Slip Op 23302

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL DIACK, Respondent.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided September 5, 2013.

Attorney(s) appearing for the Case

Kathleen M. Rice , District Attorney, Mineola, and John Ciampoli , County Attorney, Mineola ( Dennis J. Saffran of counsel), for appellant.

Kindlon Shanks & Associates, Albany ( Kathy Manley of counsel), for respondent.

NICOLAI, P.J., IANNACCI and LASALLE, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, on the law, defendant's motion to dismiss the information is denied, and the matter is remitted to the District Court for all further proceedings.

Defendant was convicted in 2001 of possessing an obscene sexual performance (Penal Law § 263.11) and was subsequently classified as a level one sex offender under the Sex Offender...

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