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PEOPLE v. PALOMBI

56 KA 19-01816.

204 A.D.3d 1481 (2022)

167 N.Y.S.3d 689

2022 NY Slip Op 02896

The People of the State of New York, Respondent, v. Justin T. Palombi, Appellant.

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

Decided April 29, 2022.

Attorney(s) appearing for the Case

LEANNE LAPP , PUBLIC DEFENDER, CANANDAIGUA ( CARA A. WALDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

JUSTIN T. PALOMBI, DEFENDANT-APPELLANT PRO SE.

JAMES B. RITTS , DISTRICT ATTORNEY, CANANDAIGUA ( V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Lindley, Winslow and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the facts, the indictment is dismissed and the matter is remitted to Ontario County Court for proceedings pursuant to CPL 470.45.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of assault in the third degree (Penal Law § 120.00[3]). The charge arose from an incident where defendant was driving a motor...

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