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PEOPLE v. MINTER

656 KA 17-02112.

196 A.D.3d 1073 (2021)

147 N.Y.S.3d 491

2021 NY Slip Op 04318

The People of the State of New York, Respondent, v. Terry B. Minter, Appellant.

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

Decided July 9, 2021.

Attorney(s) appearing for the Case

LINDSEY M. PIEPER , ROCHESTER, FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( DANIEL GROSS , OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Carni, Curran, Winslow and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously reversed as a matter of discretion in the interest of justice, the indictment is dismissed, and the matter is remitted to Monroe County Court for proceedings pursuant to CPL 470.45.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal possession of a weapon in the third degree (Penal Law § 265.02[1]) based on his possession of a "[g]ravity knife" (

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