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PEOPLE v. CABASSA

186 Misc.2d 200 (2000)

717 N.Y.S.2d 487

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MANNY CABASSA, Defendant.

Supreme Court, New York County.

October 24, 2000.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Michele Maxian and Arthur H. Hopkirk of counsel), for defendant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Christopher Pilkerton of counsel), for plaintiff.

OPINION OF THE COURT

JOHN CATALDO, J.

By notice of motion dated May 17, 2000, defendant, by Arthur H. Hopkirk of the Legal Aid Society, moves to vacate the judgment entered October 4, 1993, convicting him of criminal sale of a controlled substance in the first degree and sentencing him to an indeterminate prison term of 20 years to life.

Defendant moves for a new trial pursuant to CPL 440.10 (1) (h). He contends that the trial court's Sandoval...

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