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PEOPLE v. CICCONE

2017-1091 KCR.

71 Misc.3d 5 (2020)

144 N.Y.S.3d 791

2020 NY Slip Op 20363

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS CICCONE, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided November 27, 2020.

Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Paul Wiener of counsel), for appellant.

Eric Gonzalez , District Attorney ( Leonard Joblove , Gamaliel Marrero and Daniel Berman of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, insofar as it convicted defendant of criminal trespass in the third degree and trespass, on the law, and, insofar as it convicted defendant of attempted criminal possession of a controlled substance in the seventh degree, as a matter of discretion in the interest of justice and on the law, the accusatory instrument is dismissed...

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