The following excerpt is from People v. Smith, 365 N.Y.S.2d 317, 81 Misc.2d 926 (N.Y. App. Term 1974):
'It is only in the event that an indictment or a count therein, or an information is dismissed, and such a ruling persists to and beyond the end of the proceedings or trial, that a defendant may be
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(People v. Lemmons, 270 App.Div. 828, 60 N.Y.S.2d 178).
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