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PEOPLE v. MOSLEY

56 A.D.3d 1140 (2008)

867 N.Y.S.2d 2891

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN MOSLEY, Appellant. (Appeal No. 1.)

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

Decided November 14, 2008.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Chautauqua County Court for further proceedings in accordance with the following memorandum: Defendant appeals from an order denying his motion pursuant to CPL 440.10 seeking to vacate the judgment convicting him after a jury trial of two counts of assault in the first degree (Penal Law § 120.10 [1]) and one count of assault in the third degree (§ 120.00 [2]). Defendant...

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