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PEOPLE v. QUIROGA-PUMA

24 Misc.3d 29 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RAFAEL E. QUIROGA-PUMA, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided April 24, 2009.

Attorney(s) appearing for the Case

Dwight D. Kraemer, Village Attorney, Westbury, for appellant.

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

OPINION OF THE COURT

MEMORANDUM.

Order reversed, on the law, accusatory instrument reinstated, and matter remitted to the Justice Court for all further proceedings thereon.

After defendant was charged with unlicensed operation of a motor vehicle (Vehicle and Traffic Law § 509 [1]), the Justice Court, sua sponte, dismissed the accusatory instrument on the ground that Vehicle and Traffic Law &...

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