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PEOPLE v. STANBACK

2015-12138, Ind. No. 10850/13.

149 A.D.3d 876 (2017)

2017 NY Slip Op 02828

51 N.Y.S.3d 200

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CARL STANBACK, Respondent.

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

Decided April 12, 2017.

Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's oral motion which was to dismiss count one of the indictment, charging attempted murder in the second degree, is denied, without prejudice to renewal, that count of the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith before a different Justice...

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