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PEOPLE v. KHALEK

253 A.D.2d 892 (1998)

678 N.Y.S.2d 520

The People of the State of New York, Appellant, v. Abdul Khalek, Respondent

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

September 28, 1998

Ordered that the order is affirmed.

The Court of Appeals has remitted the matter to this Court for review of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b). However, as the defendant's conviction was set aside by the trial court, he has not contended that the jury verdict was against the weight of the evidence, nor have the People raised any issues of fact. Under these circumstances, we decline to review the...

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