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PEOPLE v. COLEMAN

81 N.Y.2d 826 (1993)

The People of the State of New York, Respondent, v. Earl Coleman, Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1993.

Attorney(s) appearing for the Case

Frances S. Clemente, Monticello, and Carl L. Silverstein for appellant.

Stephen F. Lungen, District Attorney of Sullivan County, Monticello (Claire Sullivan of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to County Court, Sullivan County, for further proceedings in accordance with this memorandum. As to counts one and two of the indictment, there should be a new trial. Defendant's plea of guilty to count three in satisfaction of counts three and four of the indictment should be vacated and further proceedings had on those counts of the...

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