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PEOPLE v. ANONYMOUS

5232, 7349/03, 6942/04.

85 A.D.3d 414 (2011)

924 N.Y.S.2d 365

2011 NY Slip Op 4598

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANONYMOUS, Appellant.

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

Decided June 2, 2011.

The court met its statutory obligation to "offer an opportunity for a hearing and bring the applicant before it" (CPL 440.46 [3] [incorporating by reference provisions of 2004 Drug Law Reform Act (L 2004, ch 738, § 23)]) when defendant was "brought before the court and given an opportunity to be heard" (see People v Soler, 45 A.D.3d 499 [2007], lv denied 9 N.Y.3d 1009 [2007]). Where the critical facts are uncontested...

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