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PEOPLE v. TORO

2015-2581 RI CR.

61 Misc.3d 26 (2018)

79 N.Y.S.3d 844

2018 NY Slip Op 28208

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMILIO TORO, Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided June 29, 2018.

Attorney(s) appearing for the Case

Legal Aid Society (Tomoeh Murakami-Tse of counsel) for appellant.

Michael E. McMahon, District Attorney (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, and, as a matter of discretion in the interest of justice, the accusatory instrument is dismissed.

Defendant was charged with criminal mischief in the fourth degree (Penal Law § 145.00 [1]) and harassment in the second degree (Penal Law § 240.26 [1]). The accusatory instrument alleged that defendant had slapped the complainant in the face,...

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