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PEOPLE v. LATHAM

249 A.D.2d 693 (1998)

670 N.Y.S.2d 373

The People of the State of New York, Respondent, v. Ronald Latham, Appellant

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

April 16, 1998

When this matter previously was before us, we determined that defendant's 1990 plea allocution to attempted murder in the second degree could not subsequently be used in a murder trial arising out of the same transaction (234 A.D.2d 864). The Court of Appeals reversed that determination (90 N.Y.2d 795) and remitted the case to us pursuant to CPL 470.40 (2) (b). Inasmuch as the sole issue raised by defendant...

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