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PEOPLE v. COOPER

173 A.D.2d 551 (1991)

The People of the State of New York, Respondent, v. Kimmy Cooper, Appellant

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

May 13, 1991

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

Contrary to the defendant's contention, we do not find that the court's refusal to grant his motion for a mistrial was a prejudicial error. The record reveals that during the course of trial, defense counsel fell ill for approximately six weeks before the trial could be...

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