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People v Eng (Albert)
2004 NY Slip Op 50479(U)
Decided on March 5, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 5, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:McCABE, P.J., LIFSON and SKELOS, JJ.
NO. 2002-1512 S CR

THE PEOPLE OF THE STATE OF NEW YORK, Appellant,

against

ALBERT ENG, Respondent.


Appeal by the People from an order of the District Court, Suffolk County (H. Bergson, J.), dated September 9, 2002, which granted defendant's motion to dismiss the three informations.


Order unanimously modified on the law by vacating so much of said order as dismissed the information charging a violation of Islip Town Code § 68-30 (B) (28) (a), denying defendant's motion insofar as it sought to dismiss said accusatory instrument and matter remanded to the court below for all further proceedings; as so modified, affirmed.

The order appealed from is modified as above indicated for the reasons stated in People v Caravousanos (NYLJ, Nov. 3, 2003 [App Term, 9th & 10th Jud Dists]; see also People v Hall, decided herewith).
Decision Date: March 05, 2004