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PEOPLE v. BOYETTE

201 A.D.2d 490 (1994)

607 N.Y.S.2d 402

The People of the State of New York, Appellant, v. Robert Calvin Boyette, Respondent

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

February 7, 1994

Ordered that the order is reversed, on the law, the motion is denied, and the judgment of conviction is reinstated.

The People appeal from an order granting the defendant's second motion pursuant to CPL article 440. The motion was made after this Court affirmed the defendant's judgment of conviction and an order denying his first motion made pursuant to CPL 440.10 (see, People v Boyette, 149 A.D.2d 716). Specifically...

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