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PEOPLE v. MILLER

145 Misc.2d 795 (1989)

The People of the State of New York, Plaintiff, v. Gerald Miller, Defendant.

County Court, Monroe County.

October 20, 1989

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Daniel De Laus of counsel), for defendant. Howard R. Relin, District Attorney (Alan Cruikshank of counsel), for plaintiff. Patrick M. Malgieri, County Attorney (Howard A. Stark of counsel), for Monroe County Probation Department, amicus curiae.

DONALD J. WISNER, J.

This is an appeal from a judgment of conviction entered August 26, 1987 in the Rochester City Court convicting the defendant-appellant (Miller) of a violation of probation. Defendant's probation was revoked, and he was sentenced to one year in the Monroe County Jail. A stay has been in effect since pursuant to CPL 460.50.

The defendant raises two significant issues concerning his...

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