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PEOPLE v. JOSEPH

63 A.D.3d 1727 (2009)

880 N.Y.S.2d 601

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND E. JOSEPH, III, Appellant. (Appeal No. 2.)

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

Decided June 19, 2009.

Upon the Court's own motion, the memorandum and order entered June 5, 2009 (63 A.D.3d 1659 [2009]) is amended by deleting "as a matter of discretion in the interest of justice and" from the ordering paragraph and by deleting the penultimate sentence of the memorandum and substituting the following sentence: "We note that, although defendant failed to preserve his contention for our review (see CPL 470.05 [2]), preservation is not...

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