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  5. 70 N.Y.2d 863 (1987)
 

PEOPLE v. QUALLS

70 N.Y.2d 863 (1987)

The People of the State of New York, Respondent, v. Augustus Qualls, Appellant.

Court of Appeals of the State of New York.

Decided November 25, 1987.

Attorney(s) appearing for the Case

Andrew C. Fine and Philip L. Weinstein for appellant.

Mario Merola, District Attorney (Allen M. Hecht and Kevin D. McLoone of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and the matter remitted to the trial court for a hearing on defendant's motion to vacate his judgment of conviction.

Defendant's conviction by jury for murder in the second degree and criminal possession of a weapon in the second degree having been affirmed (People v Qualls, 55 N.Y.2d 733), defendant moved...

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