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The People of the State of New York v. Tatiana S. Pallagi

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


January 31, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
TATIANA S. PALLAGI,
DEFENDANT-APPELLANT.

Appeal from a judgment of the Ontario County Court (William F. Kocher, J.), rendered March 2, 2011. T

People v Pallagi

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 31, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, AND GORSKI, JJ.

(APPEAL NO. 2.)

he judgment convicted defendant, upon a jury verdict, of grand larceny in the fourth degree.

It is hereby ORDERED that the judgment so appealed from is reversed on the law and the indictment is dismissed without prejudice to the People to file any appropriate charge.

Same Memorandum as in People v Pallagi ([appeal No. 1] ___ AD3d ___

[Jan. 31, 2012]).

All concur except Scudder, P.J., who dissents and votes to modify in accordance with the same dissenting Memorandum as in People v Pallagi ([appeal No. 1] ___ AD3d ___ [Jan. 31, 2012]). Entered: January 31, 2012 Frances E. Cafarell Clerk of the Court

20120131

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