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PEOPLE v. GARCIA

272 A.D.2d 189 (2000)

707 N.Y.S.2d 441

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOVANI GARCIA, Respondent.

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

Decided May 18, 2000.

On a prior appeal, we reversed the order presently under review and reinstated the verdict (237 A.D.2d 42). On that appeal, defendant, who was at liberty, had not put in any appearance, either pro se or by counsel. On the basis that defendant had not affirmatively waived representation by counsel, and that the appeal was heard without representation by counsel, the Court of Appeals reversed our order (93 N.Y.2d 42...

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