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PEOPLE v. LONGDUE

168 A.D.2d 948 (1990)

The People of the State of New York, Respondent, v. Timothy Longdue, Appellant

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

December 21, 1990

Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him, following a jury trial, of burglary in the first degree (Penal Law § 140.30 [2]). We agree with defendant's claim that the trial court improperly admitted into evidence on the People's direct case a portion of the affidavit of defendant's attorney which had been submitted in support of defendant's omnibus motion (see, Simmons v United States,

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