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PEOPLE v. BROWN

2010-03497.

85 A.D.3d 940 (2011)

925 N.Y.S.2d 161

2011 NY Slip Op 5294

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CECIL BROWN, Appellant.

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

Decided June 14, 2011.

Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for further proceedings and a new determination of the motion.

Contrary to the People's contention, the defendant's release to parole did not render the instant appeal academic (see People v Overton, 86 A.D.3d 4 [2d Dept 2011]; but see People v Orta, 73 A.D.3d 452 [2010...

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