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PEOPLE v. HOFFERT

1295 KA 14-00714.

125 A.D.3d 1386 (2015)

2 N.Y.S.3d 717

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BRANDON E. HOFFERT, Respondent.

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

Decided February 6, 2015.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law, that part of defendant's omnibus motion seeking to dismiss the count of sexual abuse in the first degree is denied, that count of the indictment is reinstated and the matter is remitted to Lewis County Court for further proceedings on the indictment.

Memorandum: The People appeal from an order granting that part of defendant's omnibus motion seeking to dismiss the

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