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PEOPLE v. CLARKE

286 A.D.2d 208 (2001)

729 N.Y.S.2d 88

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN CLARKE, Appellant.

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

Decided August 2, 2001.

This case represents a rare lack of consensus on a sentencing issue by this Court. The matter is before us on defendant's appeal from a conviction for felony murder (Penal Law § 125.25 [3]) arising out of the death of one Keith Campbell during the course of a robbery.

Based upon our review of the trial record as a whole as well as defendant's submissions on the motion to vacate judgment, we conclude that defendant...

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