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PEOPLE v. ATTIYA

126 A.D.2d 733 (1987)

The People of the State of New York, Appellant, v. David Attiya, Respondent

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

January 26, 1987

Ordered that the order of April 1, 1985 is reversed, on the law, the defendant's motion is denied, the verdict is reinstated, and the matter is remitted to the Supreme Court, Kings County, for sentencing; and it is further,

Ordered that the appeal from the order of May 28, 1985 is dismissed as academic in light of our determination of the appeal from the order dated April 1, 1985.

A trial court may only set aside...

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