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PEOPLE v. DAVINO

93 Misc.2d 47 (1975)

The People of the State of New York, Appellant, v. Michael Davino and Frank Cassidy, Respondents.

Supreme Court, Appellate Term, Second Department.

March 20, 1975

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Martin I. Saperstein of counsel), for appellant. Gregory J. Perrin for respondents.

Concur: GROAT, P. J., SCHWARTZWALD and MARGETT, JJ.

MEMORANDUM.

Order dismissing information unanimously reversed on the law and information reinstated.

A Supreme Court Grand Jury directed, after a presentment on three felony charges, that a prosecutor's information be filed charging defendants with the misdemeanor of unlawful imprisonment in the second degree (Penal Law, § 135.05). After the filing of the information, defendants' motion for a preliminary hearing...

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