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PEOPLE v. AUSSERAU

77 A.D.2d 152 (1980)

The People of the State of New York, Respondent, v. Robert W. Ausserau, Appellant

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

October 30, 1980

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Brian Shiffrin of counsel), for appellant.

Lawrence T. Kurlander, District Attorney (Melvin Bressler of counsel), for respondent.

DILLON, P. J., HANCOCK, JR., DOERR and MOULE, JJ., concur.

SCHNEPP, J.

On this appeal appellant contends that he was improperly denied a hearing on his postjudgment motion (CPL 440.10, subd 1, pars [g], [h]) to vacate his judgment of conviction of assault in the first degree.

On November 17, 1976 Nick Nichols was shot while in the parking lot in the rear of his grocery store on Monroe Avenue, Rochester, New York. At trial appellant's statement admitting the shooting...

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