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PEOPLE v. CLOUD

168 A.D.2d 91 (1991)

The People of the State of New York, Respondent, v. Norman Cloud, Appellant

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

June 4, 1991

Attorney(s) appearing for the Case

James J. O'Rourke for appellant.

Leonard I. Picker and Norman Barclay of counsel (Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., and ELLERIN, J., concur with WALLACH, J.; CARRO and SMITH, JJ., dissent in an opinion by CARRO, J.

WALLACH, J.

Defendant is presently serving a sentence of imprisonment of from 15 years to life imposed on January 12, 1978, following his conviction after trial for the crime of murder in the second degree, as well as a concurrent sentence of from 6 to 18 years upon a plea of guilty to two counts of robbery in the first degree. His application to vacate these convictions pursuant to CPL 440.10, on the ground...

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