PEOPLE v. CHAVEZ

2012-03738, Ind. No. 2790/09.

139 A.D.3d 1082 (2016)

31 N.Y.S.3d 603

2016 NY Slip Op 04069

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMMANUEL CHAVEZ, Appellant.

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

Decided May 25, 2016.


Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with CPL 160.50.

During a fight that occurred on a Queens street on September 21, 2009, the complainant was slashed twice in the face, while the defendant, his codefendant, and an uncharged person were present. The defendant was charged with two counts of assault in the first degree, criminal...

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