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PEOPLE v. COSME

80 N.Y.2d 790 (1992)

The People of the State of New York, Appellant, v. Anton Cosme, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1992.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney (Stanley R. Kaplan and Peter D. Coddington of counsel), for appellant.

Respondent precluded.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was indicted on nine separate counts, and was convicted of two — burglary in the second degree and resisting arrest. Defendant's motion to vacate his conviction under CPL 440.10 for ineffective assistance of counsel was granted. Thereafter, over objection by the People, the trial court accepted defendant's plea of guilty to burglary...

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