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PEOPLE v. RESS

25 Misc.3d 82 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GAVIN D. RESS, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BRANDON R. RESS, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided October 13, 2009.

Attorney(s) appearing for the Case

Dawn C. Thomas, Town Attorney, Riverhead (Harold A. Steuerwald of counsel), for appellant.

Law Offices of Howard E. Greenberg, P.C., Smithtown, for Gavin D. Ress and Brandon R. Ress, respondents.

MOLIA, J.P., NICOLAI and TANENBAUM, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that, on the court's own motion, the appeals are consolidated for purposes of disposition; and it is further, ordered that the order, insofar as it, in effect, sua sponte dismissed the superseding accusatory instruments, is reversed, on the law, said provision is vacated, the superseding accusatory instruments are reinstated, and the matter is remitted to the Justice...

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