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PEOPLE v. PICHARDO

1 N.Y.3d 126 (2003)

802 N.E.2d 141

769 N.Y.S.2d 791

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN CARLOS PICHARDO, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 2003.

Attorney(s) appearing for the Case

Legal Aid Society Criminal Appeals Bureau, New York City (Deepa Rajan and Andrew C. Fine of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Cynthia J. Pree and Joseph N. Ferdenzi of counsel), for respondent.

Judges CIPARICK, ROSENBLATT and READ concur with Chief Judge KAYE; Judge GRAFFEO dissents and votes to affirm in a separate opinion in which Judge G.B. SMITH concurs.

OPINION OF THE COURT

Chief Judge KAYE.

On November 14, 1994, in Supreme Court, New York County, defendant was sentenced to 20 years to life imprisonment after having been found guilty of murder in the second degree. On that day, defendant filed a notice of his intent to appeal.1 Precisely one week later defendant was produced in Supreme Court, Bronx County, in connection with an indictment for criminal sale of a controlled substance...

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