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Martoche, J.E, Smith, Centra and Fahey, JJ., concur. It is hereby ordered that the judgment so appealed from is unanimously reversed, on the law, the plea is vacated, count one of the indictment is dismissed without prejudice to the People to re-present any appropriate charges under that count to another grand jury, count two of the indictment is reinstated, and the matter is remitted to Ontario County Court for further proceedings on count two of the indictment.
Document Info
Judges: Centra, Fahey, Martoche, Pine, Smith
Filed Date: 4/24/2009
Precedential Status: Precedential
Modified Date: 11/1/2024