PEOPLE v. MERRILL

2019-02150. Ind. No. 18-00607.

187 A.D.3d 1058 (2020)

131 N.Y.S.3d 259

2020 NY Slip Op 05936

The People of the State of New York, Respondent, v. Javon Merrill, Appellant.

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

Decided October 21, 2020.


Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, the indictment is dismissed, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent with CPL 160.50.

On November 29, 2018, during his plea allocution to attempted criminal possession of a weapon in the third degree (see Penal Law §§ 110.00, 265.02[1]), the defendant admitted that on or about January 9, 2018...

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