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PEOPLE v. SMALLS

116 A.D.2d 675 (1986)

The People of the State of New York, Respondent, v. Benjamin Smalls, Appellant

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

January 21, 1986

Judgment affirmed and case remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

Defendant was found guilty after his trial in 1979 but was not sentenced until February 1985 because he had made himself unavailable. He now claims that he has been deprived of his right to appeal due to the destruction of the stenographic notes of the trial proceedings two years after his conviction...

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