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PEOPLE v. OKONGWU

KA 08-00144.

71 A.D.3d 1393 (2010)

897 N.Y.S.2d 330

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINIC OKONGWU, Appellant.

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

Decided March 19, 2010.

It is hereby ordered that the order so appealed from is unanimously reversed on the law, the motion is granted, the judgment of conviction is vacated and the matter is remitted to Supreme Court, Erie County, for further proceedings on the indictment.

Memorandum: Defendant appeals from an order denying his motion pursuant to CPL 440.10 to vacate the judgment convicting him of multiple counts of sexual offenses that occurred in 1991 (People v Okongwu, 

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