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PEOPLE v. DURDA

265 A.D.2d 824 (1999)

696 N.Y.S.2d 609

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DURDA, Appellant.

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

Decided October 1, 1999.

Judgment unanimously affirmed.

Memorandum:

Upon remittitur to Supreme Court for a reconstruction hearing (People v Durda, 259 A.D.2d 996), the court properly determined, based upon the testimony adduced at the hearing (see, People v Alomar, 93 N.Y.2d 239), that the People's Ventimiglia application was decided on papers alone and that no off-the-record proceeding occurred...

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