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PEOPLE v. DeRAFFELE

2014-1470 WCR.

54 Misc.3d 1 (2016)

43 N.Y.S.3d 667

2016 NY Slip Op 26304

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN DeRAFFELE, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided September 20, 2016.

Attorney(s) appearing for the Case

John DeRaffele, appellant pro se.

Mark W. Blanchard , Corporation Counsel, New Rochelle ( Brian D. Murphy of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgments of conviction are reversed, on the law, the order dated April 9, 2012 granting the People's motion in limine to exclude any testimony or evidence by or on behalf of defendant of a preexisting nonconforming use of his premises is vacated, that motion is denied, the matter is remitted to the City Court for a new trial before a different judge, and the fines, if paid, are remitted.

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