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PEOPLE v. KANE

2015-2373 ORCR.

57 Misc.3d 35 (2017)

63 N.Y.S.3d 178

2017 NY Slip Op 27283

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. REBECCA KANE, Respondent.

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

Decided August 24, 2017.

Attorney(s) appearing for the Case

David M. Hoovler , District Attorney ( Andrew R. Kass of counsel), for appellant.

Anthony R. Lobiondo for respondent.

BRANDS, J.P., TOLBERT and GARGUILO, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is modified, on the law, by providing that the branch of defendant's motion seeking to dismiss the restored felony complaint is denied; as so modified, the order is affirmed, and the matter is remitted to the Justice Court for a hearing upon the felony complaint.

Defendant was charged in a felony complaint with assault in the second degree (Penal Law § 120.05). Subsequently, the People...

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