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PEOPLE v. STERLING

6 Misc.3d 712 (2004)

787 N.Y.S.2d 846

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff v. FRANK STERLING, Defendant.

County Court, Monroe County.

December 14, 2004.

Attorney(s) appearing for the Case

Donald M. Thompson, Rochester, and Innocence Project, New York City (Vanessa Potkin and Peter Neufeld of counsel), for defendant.

Michael C. Green, District Attorney (Wendy Lehmann of counsel), for plaintiff.

OPINION OF THE COURT

FRANK P. GERACI, Jr., J.

Defendant, currently serving a term of imprisonment of 25 years to life in a state correctional institution upon his conviction on September 29, 1992, after trial by jury, of murder in the second degree (Penal Law § 125.25), filed this motion pursuant to Criminal Procedure Law § 440.30 (1-a) and the Due Process Clause of the New York State Constitution, seeking an order "directing the Monroe County...

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