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PEOPLE v. MATTHEW

274 A.D.2d 485 (2000)

711 N.Y.S.2d 35

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WESLEY MATTHEW, Respondent.

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

Decided July 17, 2000.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the order is reversed, on the law, the motion is denied, the verdict is reinstated, and the matter is remitted to the Supreme Court, Kings County, for the imposition of sentence.

The trial court erred in granting the defendant's motion to set...

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