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PEOPLE v. SMITH

4 A.D.3d 163 (2004)

772 N.Y.S.2d 34

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEON SMITH, Appellant.

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

February 17, 2004.

Our prior order in this matter (301 A.D.2d 471 [2003]) reversed Supreme Court's summary denial of defendant's CPL 440.10 motion, remanded for a hearing and decision de novo on that motion, and held the appeal from the judgment of conviction in abeyance pending the conclusion of the proceedings on remand. Based on the record of the CPL 440.10 hearing that was held on remand, we now affirm Supreme Court's posthearing denial of the motion...

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