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THE PEOPLE, res, v. JOHN DERAFFELE, app

2014-1470 W CR. THE PEOPLE, res, v. JOHN DERAFFELE, app — Appeal from judgments of the City Court of New Rochelle, Westchester County (Susan I. Kettner, J.), rendered June 19, 2014. The judgments convicted defendant, after a nonjury trial, of three charges of violating Code of the City of New Rochelle §331-11 (A) and two charges of violating Code of the City of New Rochelle §111-8. The appeal from the judgments of conviction brings up for review an order of the same court dated April 9, 2012 granting the People's motion in limine to exclude any testimony or evidence by or on behalf of defendant of a preexisting nonconforming use of his premises (op 35 Misc 3d 1211[A], 2012 NY Slip Op 50651[U]).

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2014-1470 W CR. THE PEOPLE, res, v. JOHN DERAFFELE, app — Appeal from judgments of the City Court of New Rochelle, Westchester County (Susan I. Kettner, J.), rendered June 19, 2014. The judgments convicted defendant, after a nonjury trial, of three charges of violating Code of the City of New Rochelle §331-11 (A) and two charges of violating Code of the City of New Rochelle §111-8. The appeal from the judgments of conviction brings up for review an order of the same court dated April 9, 2012 granting the People’s motion in limine to exclude any testimony or evidence by or on behalf of defendant of a preexisting nonconforming use of his premises (op 35 Misc 3d 1211[A], 2012 NY Slip Op 50651[U]).

ORDERED that the judgments of conviction are reversed, on the law, the order dated April 9, 2012 granting the People’s motion in limine to exclude any testimony or evidence by or on behalf of defendant of a preexisting nonconforming use of his premises is vacated, that motion is denied, the matter is remitted to the City Court for a new trial before a different judge, and the fines, if paid, are remitted.

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