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PEOPLE v. LOZADO

2015-1781 QCR.

59 Misc.3d 14 (2018)

71 N.Y.S.3d 305

2018 NY Slip Op 28039

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO LOZADO, Appellant.

Supreme Court, Appellate Term, Second Department,

Decided February 9, 2018.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Steven Berko of counsel), for appellant.

Richard A. Brown, District Attorney (John M. Castellano, Johnnette Traill, Joseph N. Ferdenzi and Antara D. Kanth of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgments of conviction are reversed, on the law, and the accusatory instruments are dismissed.

In an accusatory instrument charging defendant with criminal contempt in the second degree (Penal Law § 215.50 [3]) and harassment in the second degree (Penal Law § 240.26 [1]), a detective alleged that, at about 7:10 p.m. on December 23, 2012, at the 115th Precinct in Queens, he had been informed...

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