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PEOPLE v. BACKUS

No. 76.

14 N.Y.3d 876 (2010)

929 N.E.2d 396

903 N.Y.S.2d 333

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK BACKUS, Appellant.

Court of Appeals of New York.

Decided May 11, 2010.

Attorney(s) appearing for the Case

DJ & JA Cirando, Syracuse ( John A. Cirando , Robert A. Durr , Bradley E. Keem and Elizabeth deV. Moeller of counsel), for appellant.

William J. Fitzpatrick , District Attorney, Syracuse ( James P. Maxwell and Victoria M. White of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, and so much of the order as authorized County Court to entertain a motion by the People to vacate the plea and set aside the conviction should be vacated.

The People have not appealed from so much of the order as vacated the sentence imposed by County Court. We thus have no power to grant the People affirmative relief, and we therefore...

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