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PEOPLE v. GRUEIRO

2007-00842.

74 A.D.3d 1232 (2010)

905 N.Y.S.2d 629

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL GRUEIRO, Also Known as RAUL GRUIERO, Appellant.

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

Decided June 22, 2010.

Ordered that the judgment is modified, on the law, by vacating the second felony offender adjudication, and the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for a new second felony offender determination, and for resentencing thereafter, in accordance herewith.

The Supreme Court erred in allowing the defendant to proceed pro se at the sentencing...

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