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IN THE MATTER OF GORGHAN v. DeANGELIS

25 A.D.3d 872 (2006)

808 N.Y.S.2d 787

In the Matter of ROBERT GORGHAN, Petitioner, v. PATRICIA DeANGELIS, as District Attorney of Rensselaer County, et al., Respondents.

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

January 5, 2006.

Mugglin, J.

We reversed petitioner's 2001 conviction because he was denied his right to a fair trial by pervasive prosecutorial misconduct (People v Gorghan, 13 A.D.3d 908 [2004], lv dismissed 4 N.Y.3d 798 [2005]), and we remitted the case to the County Court of Rensselaer County for a new trial and other necessary proceedings. Thereafter, County Court (Czajka, J.) summarily denied...

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