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PEOPLE v. JOHNSON

32 A.D.2d 523 (1969)

The People of the State of New York, Respondent, v. James Johnson, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 24, 1969

Order, entered December 19, 1967, unanimously reversed and vacated, on the law and in the exercise of discretion, without costs and disbursements, and matter remanded for a rehearing.

In the interests of justice, the defendant, sentenced as a second felony offender, should be afforded a further opportunity to develop the proofs as to whether or not he was deprived of his constitutional rights in connection with the predicate...

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