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PEOPLE v. HERNANDEZ

2012-1965 S CR

47 Misc.3d 51 (2015)

7 N.Y.S.3d 822

2015 NY Slip Op 25058

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CARLOS HERNANDEZ, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided February 17, 2015.

Attorney(s) appearing for the Case

Thomas J. Spota III , District Attorney, Riverhead ( Lauren Tan of counsel), for appellant.

Robert C. Mitchell , Legal Aid Society, Riverhead ( Alfred J. Cicale of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is modified, as a matter of discretion in the interest of justice, by providing that defendant's motion to dismiss the accusatory instrument is granted unless within 60 days of the date of this decision and order the People file and serve the necessary certificates of translation as set forth in the decision herein; in the event the People timely serve and file the certificates, the motion is denied...

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