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PEOPLE v. GUTIERREZ

51 A.D.3d 536 (2008)

859 N.Y.S.2d 32

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SERGIO GUTIERREZ, Appellant.

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

Decided May 20, 2008.

The record does not establish any compliance with the statutory mandate (L 2005, ch 643, § 1) that "[t]he court shall offer an opportunity for a hearing and bring the applicant before it" (see People v Figueroa, 21 A.D.3d 337 [2005], lv denied 6 N.Y.3d 753 [2005]). Additionally, by merely reciting that "substantial justice requires that this motion be denied," the court's order denying...

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