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People v Ashley (David)
2013 NY Slip Op 50945(U) [39 Misc 3d 149(A)]
Decided on June 4, 2013
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected in part through June 14, 2013; it will not be published in the printed Official Reports.


Decided on June 4, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : ALIOTTA, J.P., PESCE and RIOS, JJ
2011-2173 K CR.

The People of the State of New York, Appellant, —

against

David Ashley, Respondent.


Appeal from an order of the Criminal Court of the City of New York, Kings County (John H. Wilson, J.; op 32 Misc 3d 644 [2011]), dated June 2, 2011. The order, insofar as appealed from, granted the branch of defendant's motion seeking to dismiss, in furtherance of justice, the counts of the accusatory instrument charging defendant with traffic infractions.


ORDERED that the order, insofar as appealed from, is reversed, on the law, the branch of defendant's motion seeking to dismiss, in furtherance of justice, the counts of the accusatory instrument charging defendant with traffic infractions is denied, those counts are reinstated, and the matter is remitted to the Criminal Court for all further proceedings.

For the reasons stated in People v Graham (____ Misc 3d ____, 2013 NY Slip Op 23103 [App. Term, 2d, 11th & 13th Jud Dists 2013]), the order, insofar as appealed from (see People v Ashley, 32 Misc 3d 644 [2011]), is reversed, the branch of defendant's motion seeking to dismiss, in furtherance of justice, the counts of the accusatory instrument charging defendant with traffic infractions is denied, those counts are reinstated, and the matter is remitted to the Criminal Court for all further proceedings.

Aliotta, J.P., Pesce and Rios, JJ., concur.
Decision Date: June 04, 2013