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PEOPLE v. COOMEY

964 KA 15-00734.

144 A.D.3d 1583 (2016)

2016 NY Slip Op 07520

40 N.Y.S.3d 260

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KELLY COOMEY, Also Known as KELLY WALTS, Respondent.

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

Decided November 10, 2016.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: The People appeal from an order granting that part of defendant's omnibus motion seeking to dismiss the indictment in the furtherance of justice pursuant to CPL 210.40 (1). "While the question of whether to dismiss an indictment in the furtherance of justice is addressed to the discretion of the trial court, this discretion is not absolute; the issue on appeal is whether the...

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