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PEOPLE v. MATEO

2 N.Y.3d 786 (2004)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v ANGEL MATEO, Respondent.

Court of Appeals of the State of New York.

Decided May 11, 2004.

Motion dismissed upon the ground that no action or proceeding is presently pending before the Court of Appeals (see People v Smith, 63 N.Y.2d 896). An application to enforce this Court's remittitur, if such application properly lies, is by appeal, not motion (see Karger, Powers of the New York Court of Appeals § 122 [3d ed]).

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