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PEOPLE v. LARD

45 A.D.3d 1331 (2007)

846 N.Y.S.2d 495

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LONNIE LARD, Also Known as LONNIE ANTHONY, Appellant.

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

Decided November 9, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law and the matter is remitted to Erie County Court for a hearing pursuant to CPL 440.30 (5) in accordance with the following memorandum: We granted defendant leave to appeal from the order denying his CPL article 440 motion to vacate the judgment convicting him upon his plea of guilty of attempted assault in the first degree (Penal Law §§ 110.00, 120.10 [1...

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