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PEOPLE v. McNAIR

2009-08733.

79 A.D.3d 908 (2010)

912 N.Y.S.2d 421

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL Q. McNAIR, Appellant.

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

Decided December 14, 2010.

Ordered that the judgment is affirmed.

At the time of sentencing, the defendant was presented with documents requesting that he forfeit to the People, among other things, three cellular phones considered proceeds of his crime (see CPLR 1311 [1]). After conferring with counsel, the defendant executed the documents, agreeing to forfeit the phones instead of subjecting himself to a civil lawsuit, in which the People...

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