PEOPLE v. OWENS

891 KA 19-00978.

191 A.D.3d 1456 (2021)

138 N.Y.S.3d 441

2021 NY Slip Op 00958

The People of the State of New York, Respondent, v. Maurice Owens, Appellant.

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

Decided February 11, 2021.


Attorney(s) appearing for the Case

BELLETIER LAW OFFICE, SYRACUSE ( ANTHONY BELLETIER OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( DARIENN P. BALIN OF COUNSEL), FOR RESPONDENT.

Present— Smith, J.P., Carni, Troutman, Winslow and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the indictment is dismissed, and the People are granted leave to apply for an order permitting resubmission of the charge to another grand jury.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the second degree (Penal Law § 265.03[3]). We agree with defendant that the People failed to seek leave...

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