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PEOPLE v. POTTER

254 A.D.2d 831 (1998)

681 N.Y.S.2d 704

The People of the State of New York, Respondent, v. Franklin D. Potter, Appellant. (Appeal No. 1.)

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

October 2, 1998

Judgment unanimously vacated and new trial granted.

Memorandum:

Defendant appeals from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25 [2]). He also appeals from two orders that denied his CPL article 440 motions to vacate the judgment of conviction. Defendant contends that reversal is required based on the People's failure to turn over tape-recorded conversations...

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