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PEOPLE v. RENTZ

67 N.Y.2d 829 (1986)

The People of the State of New York, Respondent, v. Peter Rentz, Appellant.

Court of Appeals of the State of New York.

Decided March 25, 1986.

Attorney(s) appearing for the Case

L. Richard Stumbar for appellant.

Benjamin J. Bucko, District Attorney (Robert C. Mulvey of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion to vacate the judgment granted, and a new trial ordered.

In 1976 the defendant was convicted of murder and the conviction was affirmed on direct appeal (57 A.D.2d 640). In 1982 the defendant moved to vacate the conviction pursuant to CPL 440.10 on the ground, among others, that the trial court...

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