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PEOPLE v. HERR

158 Misc.2d 306 (1993)

600 N.Y.S.2d 903

The People of the State of New York, Plaintiff, v. Raymond Herr, Defendant.

Supreme Court, Erie County.

June 18, 1993

Attorney(s) appearing for the Case

William Elton Jemmott for defendant. Kevin M. Dillon, District Attorney of Erie County (Roger W. Wilcox, Jr., of counsel), for plaintiff.

MARIO J. ROSSETTI, J.

The defendant has moved pursuant to CPL 440.10 to vacate his judgment entered on September 8, 1992 on the grounds that it was obtained in violation of his right to counsel as guaranteed under the Federal and State Constitutions. The gravamen of defendant's contention is that, since his trial attorney was throughout the proceeding also the Village Prosecutor for the Village of Blasdell...

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