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PEOPLE v. RIVIERE

21 Misc.3d 847 (2008)

864 N.Y.S.2d 904

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMEL RIVIERE, Respondent.

County Court, Albany County.

October 6, 2008.

Attorney(s) appearing for the Case

P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for plaintiff.

Peter M. Torncello, Public Defender, Albany (Theresa M. Suozzi of counsel), for defendant.

OPINION OF THE COURT

STEPHEN W. HERRICK, J.

This is an appeal from Albany City Court (Carter, J.), wherein the lower court dismissed the misdemeanor information against the defendant for facial insufficiency. Specifically, the lower court held that the "to wit" portion of the information consisted of impermissible hearsay, requiring dismissal.

The record reveals that on December 27, 2007, a misdemeanor...

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