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PEOPLE v. ROBERTSON

295 A.D.2d 221 (2002)

744 N.Y.S.2d 376

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYLE ROBERTSON, Appellant.

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

Decided June 20, 2002.

This appeal has been held in abeyance pending a predicate felony hearing to determine whether defendant's prior Maryland conviction was obtained unconstitutionally due to ineffective assistance of counsel, and whether the Maryland conviction constitutes a felony conviction under CPL 400.21 (5). The hearing has been held and by order of the Supreme Court, New York County (Budd Goodman, J.), entered February 14, 2002, the hearing court concluded that defendant's 1992 conviction...

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