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PEOPLE v. LIBRIE

130 A.D.2d 593 (1987)

The People of the State of New York, Respondent, v. Michael Librie, Appellant

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

May 11, 1987

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 460.50 (5).

Given the facts of this case, the defendant could properly question on appeal the constitutionality of the statute under which he entered his guilty plea (see, People v Pelchat, 62 N.Y.2d 97, 108; People v Lee, 58 N.Y.2d 491

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