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PEOPLE v. CASTRO

2021-00380. Ind. No. 20-00159.

202 A.D.3d 815 (2022)

162 N.Y.S.3d 437

2022 NY Slip Op 00874

The People of the State of New York, Appellant, v. Jason Castro, Respondent.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Thomas E. Walsh II, District Attorney, New City, NY (Jacob B. Sher, Renada N. Lewis, and Robert Feliu of counsel), for appellant.

Larkin Ingrassia, LLP, Newburgh, NY (John Ingrassia and Brittany A. Kessler of counsel), for respondent.

Connolly, J.P., Hinds-Radix, Roman and Dowling, JJ., concur.

Ordered that the order is reversed, on the law, that branch of the defendant's omnibus motion which was to dismiss the indictment on the ground that the evidence presented to the grand jury was legally insufficient is denied, the indictment is reinstated, and the matter is remitted to the County Court, Rockland County, for further proceedings on the indictment.

On October 13, 2019, at approximately 3:15 p.m., a Volkswagen...

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