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PEOPLE v. BENNETT

2005BX032194.

28 Misc.3d 575 (2010)

903 N.Y.S.2d 696

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JERMAINE BENNETT, Defendant.

Criminal Court of the City of New York, Bronx County.

Decided May 26, 2010.

Attorney(s) appearing for the Case

Marisel Rodriguez , New York City, for defendant.

Robert T. Johnson , District Attorney, Bronx ( Justin J. Braun of counsel), for plaintiff.

OPINION OF THE COURT

LYNN R. KOTLER, J.

On November 24, 2009, the defendant Jermaine Bennett moved to vacate judgment pursuant to CPL 440.10 (1) (h). The People opposed the motion in an affirmation by Assistant District Attorney (ADA) Justin J. Braun dated December 16, 2009. Mr. Bennett submitted a reply affirmation by Marisel Rodriguez, Esq. dated December 29, 2009. ADA Braun submitted a supplemental affirmation in opposition dated May 11, 2010, in light...

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