PEOPLE v. ARCILA

2016-04764, Ind. No. 1709/15.

152 A.D.3d 783 (2017)

2017 NY Slip Op 05834

59 N.Y.S.3d 141

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LOUIS ARCILA, Respondent.

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

Decided July 26, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's motion which was to dismiss count three of the indictment is denied, count three of the indictment is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings on the indictment.

The defendant was indicted for, inter alia, official misconduct, in violation of Penal Law § 195.00 (1), based upon an allegation made by...

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