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PEOPLE v. MUHINA

1068.1 KA 09-00453.

66 A.D.3d 1397 (2009)

885 N.Y.S.2d 809

2009 NY Slip Op 6958

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. NOOR MUHINA, Respondent.

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

Decided October 2, 2009.

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

Memorandum: On this appeal by the People from an order granting that part of defendant's omnibus motion to dismiss the indictment as facially defective, we conclude that reversal is required on...

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