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PEOPLE v. CARDONA

138 A.D.2d 617 (1988)

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

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

March 21, 1988

Ordered that the order dated February 13, 1987 is reversed, on the law and the facts, the defendant's motion to vacate the judgment is granted, and a new trial is ordered. The appeals from the judgment and from the orders dated October 15, 1985 and May 30, 1986 are dismissed as academic.

We find that based upon the evidence adduced at trial, amplified by that presented at the hearing held in connection with the defendant...

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