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PEOPLE v. WOELFLE

64 A.D.3d 1166 (2009)

883 N.Y.S.2d 408

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL J. WOELFLE, Respondent.

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

Decided July 2, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed on the law, that part of the motion seeking to reduce count one of the indictment is denied, count one of the indictment is reinstated, and the matter is remitted to Erie County Court for further proceedings on the indictment.

Memorandum: We agree with the People that County Court erred in granting that part of defendant's omnibus motion seeking to reduce the count charging robbery in the...

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