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PEOPLE v. HERNANDEZ

2015-01508, Ind. No. 1700/12.

176 A.D.3d 1100 (2019)

112 N.Y.S.3d 741

2019 NY Slip Op 07605

The People of the State of New York, Respondent, v. Sean Hernandez, Appellant.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure, New York, NY (A. Alexander Donn of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Victoria Randall on the brief), for respondent.

Chambers, J.P., Roman, Hinds-Radix and LaSalle, JJ., concur.

Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.

In 2012, the defendant was charged with various crimes, including two counts of attempted murder in the second degree, after he slashed two complainants with a box cutter, causing them both serious physical injuries. In October 2014, the defendant moved pursuant to CPL 30.30 to dismiss the...

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