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PEOPLE v. SMITH

2016-12726, Ind. No. 1075/09.

176 A.D.3d 1114 (2019)

111 N.Y.S.3d 46

2019 NY Slip Op 07622

The People of the State of New York, Respondent, v. Eric Smith, Appellant.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Patrick Michael Megaro , Forest Hills, NY, for appellant.

John M. Ryan , Acting District Attorney, Kew Gardens, NY ( John M. Castellano , Johnnette Traill , Joseph N. Ferdenzi , and Tina Grillo of counsel), for respondent.

Balkin, J.P., Cohen, Miller and LaSalle, JJ., concur.

Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with CPL 160.50.

The defendant was charged under Queens County Indictment No. 1075/09 with two counts of criminal possession of a weapon in the second degree and two counts of violating Vehicle and Traffic Law § 1110 following an incident in which the police, during a traffic stop, allegedly...

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