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PEOPLE v. CLARKE

87 N.Y.2d 1042 (1996)

666 N.E.2d 1051

644 N.Y.S.2d 138

The People of the State of New York, Appellant, v. Wayne Clarke, Respondent.

Court of Appeals of the State of New York.

Decided April 4, 1996.

Attorney(s) appearing for the Case

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Raymond C. Herman of counsel), for appellant.

Wayne Clarke, pro se, and Mary E. Good, Buffalo, and Linda S. Reynolds, for Wayne Clarke, respondent.

Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed and case remitted to the Appellate Division, Fourth Department, for consideration of issues raised but not considered on the appeal to that court and consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b) (see, People v Goss, 87 N.Y.2d 792 [decided today]; People v Avery,

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