People v. Kelly

Full title: The PEOPLE of the State of New York, Appellant, v. James KELLY, Respondent.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Dec 24, 2012

39 Misc. 3d 137 (N.Y. App. Term 2012)

2012 N.Y. Slip Op. 52464

975 N.Y.S.2d 368

Opinion

No. 2011–316 OR CR.

2012-12-24

The PEOPLE of the State of New York, Appellant, v. James KELLY, Respondent.

Accordingly, the order, insofar as appealed from, is reversed, the branches of defendant's motion seeking to dismiss the accusatory instrument are denied, the accusatory instrument and the verdict are reinstated, and the matter is remitted to the Justice Court for sentencing.

LaCAVA, J.P., IANNACCI and LaSALLE, JJ., concur.