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PEOPLE v. RIVERA

2008-11387

71 A.D.3d 701 (2010)

897 N.Y.S.2d 146

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SARVELIO RIVERA, Appellant.

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

Decided March 2, 2010.

Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings on the indictment, at which the defendant shall be represented by new trial counsel.

On September 2, 2008, the defendant pleaded guilty to gang assault in the first degree, a violation of Penal Law § 120.07. The charge arose out of an incident which took place...

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