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PEOPLE v. FELIX-TORRES

286 A.D.2d 784 (2001)

730 N.Y.S.2d 257

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORBERTO J. FELIX-TORRES, Appellant.

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

Decided September 6, 2001.

Rose, J.

In a our prior decision (281 A.D.2d 649), we remitted this matter to County Court to afford defendant an opportunity to demonstrate that actual prejudice arose from the nondisclosure of certain Rosario material as now required by CPL 240.75 and, in the event he did so, to permit County Court to determine whether the nondisclosure constituted grounds for vacating the conviction. At a hearing on May 22, 2001, County...

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