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PEOPLE v. McGARRITY

130 A.D.2d 793 (1987)

The People of the State of New York, Respondent, v. Cedric McGarrity, Appellant

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

May 7, 1987

Casey, J.

The sole issue on this appeal is whether County Court should have vacated defendant's plea of guilty of murder in the second degree and ordered a competency hearing (CPL 730.30 [1]) prior to the imposition of a sentence of 25 years to life imprisonment. The crime charged occurred on October 19, 1985, just 16 days after defendant had been released on parole for the crime of assault in the second degree...

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