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PEOPLE v. PEDRAZA

56 A.D.3d 390 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENIA PEDRAZA, Appellant.

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

November 25, 2008.

On direct appeal (25 A.D.3d 394 [2006], lv denied 7 N.Y.3d 760 [2006]), defendant did not challenge the suppression hearing court's ruling denying her motion to suppress statements, and she may not challenge that ruling by way of a motion to vacate judgment. A CPL 440.10 motion may not be used as a device to obtain a second appeal on an issue that appears on the face of the record (CPL 440.10 [2] [c]; People v Cooks,

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