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PEOPLE v. PELOSO

2017-06986, Ind. No. 15-00009.

176 A.D.3d 1107 (2019)

113 N.Y.S.3d 87

2019 NY Slip Op 07614

The People of the State of New York, Respondent, v. Christopher Peloso, Appellant.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Thomas Theophilos , Buffalo, NY, for appellant.

David M. Hoovler , District Attorney, Middletown, NY ( Andrew R. Kass of counsel), for respondent.

Austin, J.P., Barros, Connolly and Iannacci, JJ., concur.

Ordered that the judgment is reversed, on the facts and as a matter of discretion in the interest of justice, the first count of the indictment, charging the defendant with attempted aggravated assault upon a police officer or a peace officer pursuant to Penal Law §§ 110.00 and 120.11, the second count of the indictment, charging the defendant with assault in the second degree pursuant to Penal Law § 120.05(2), the fourth and fifth counts of the indictment...

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