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PEOPLE v. LEWINSKI

709 KA 22-01739.

221 A.D.3d 1468 (2023)

200 N.Y.S.3d 590

2023 NY Slip Op 05827

The People of the State of New York, Appellant, v. Donald M. Lewinski, Respondent.

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

Decided November 17, 2023.

Attorney(s) appearing for the Case

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( DANIEL J. PUNCH OF COUNSEL), FOR APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( HERBERT L. GREENMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Curran, Bannister and Ogden, JJ.

Appeal from an order of the Erie County Court (Sheila A. DiTullio, J.), dated October 4, 2022. The order granted that part of the omnibus motion of defendant seeking to dismiss the indictment and dismissed the indictment.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: The People appeal from an order granting that part of defendant's omnibus motion seeking to dismiss the indictment on the ground that, inter alia, the...

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