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PEOPLE v. LEMMA

2013-488 N CR

50 Misc.3d 34 (2015)

22 N.Y.S.3d 280

2015 NY Slip Op 25331

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. NICHOLAS LEMMA, Respondent.

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

Decided September 18, 2015.

Attorney(s) appearing for the Case

Kenneth P. Thompson , District Attorney, Brooklyn ( Leonard Joblove and Seth M. Lieberman of counsel), for appellant.

Worth, Longworth & London, LLP, New York City ( Mitchell Garber and Howard Sterinbach of counsel), for respondent.

MARANO, P.J., and GARGUILO, J., concur; IANNACCI, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is reversed, on the law, and the branch of defendant's motion seeking to dismiss so much of the accusatory instrument as charged defendant with official misconduct is denied.

The People charged defendant, in a misdemeanor information, with official misconduct (Penal Law § 195.00 [2]) and obstructing governmental...

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