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PEOPLE v. KERR

20 Misc.3d 73 (2008)

864 N.Y.S.2d 684

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIS KERR, Appellant.

Supreme Court, Appellate Term, Second Department.

July 16, 2008.

Attorney(s) appearing for the Case

Law Office of S.C. Davidson, White Plains (Steven C. Davidson of counsel), for appellant.

Janet DiFiore, District Attorney (Richard Longworth Hecht and Anthony J. Servino of counsel), for respondent.

RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Appeal from order dismissed.

Judgment of conviction reversed on the law and accusatory instrument dismissed.

The appeal from the order denying defendant's motion for pretrial disclosure must be dismissed, as the appeal is not authorized by the Criminal Procedure Law (see CPL 450.10, 450.15).

In order to be facially sufficient, the accusatory...

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