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PEOPLE v. RAJIGAH

265 A.D.2d 580 (1999)

697 N.Y.S.2d 646

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARLON RAJIGAH, Appellant.

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

Decided October 25, 1999.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

Contrary to the defendant's contention, the trial court did not err in failing to order a Gomberg hearing (see, People v Gomberg, 38 N.Y.2d 307), since the defendant never demonstrated a "significant possibility" (People v McDonald, 68 N.Y...

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