People v Patrick J. Atwood

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People v Atwood 2003 NY Slip Op 20110 [2 AD3d 1492] Decided on December 31, 2003 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 31, 2003
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., SCUDDER, GORSKI, LAWTON, AND HAYES, JJ.
1482.1 KA 03-02295

[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-APPELLANT, ORDER

v

PATRICK J. ATWOOD, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)


Appeal from an order of Cattaraugus County Court (Himelein, J.), entered April 25, 2001, which granted in part defendant's motion to set aside the jury verdict pursuant to CPL 330.30 and dismissed count six of the indictment operating a vehicle with an unsafe tire.


EDWARD M. SHARKEY, DISTRICT ATTORNEY, LITTLE VALLEY, FOR PLAINTIFF-APPELLANT.
D.J. & J.A. CIRANDO, ESQS., SYRACUSE (MICKELLE A. OLAWOYE OF COUNSEL), FOR DEFENDANT-RESPONDENT.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed.
Entered: December 31, 2003JoAnn M. Wahl
Clerk of the Court

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