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PEOPLE v. BOYETTE

2010-94 N CR.

41 Misc.3d 48 (2013)

975 N.Y.S.2d 328

2013 NY Slip Op 23314

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ETHAN BOYETTE, Appellant.

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

Decided September 17, 2013.

Attorney(s) appearing for the Case

Kent V. Moston , Legal Aid Society, Hempstead ( Jeremy L. Goldberg and Dori Cohen of counsel), for appellant.

Kathleen M. Rice , District Attorney, Mineola ( Andrea M. DiGregorio and Monica M.C. Leiter of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment convicting defendant of menacing in the second degree and harassment in the second degree is reversed, on the law, and the accusatory instrument charging those offenses is dismissed; and it is further ordered that the judgment convicting defendant of criminal possession of a weapon in the fourth degree is affirmed.

On May 13, 2009, the People charged defendant, in an information, with menacing...

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