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PEOPLE v. FRAZIER

970 KA 10-00535

87 A.D.3d 1350 (2011)

930 N.Y.S.2d 156

2011 NY Slip Op 6746

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH FRAZIER, Appellant.

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

Decided September 30, 2011.

It is hereby ordered that the order so appealed from is unanimously reversed on the law and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Supreme Court erred in denying without a hearing defendant's motion pursuant to CPL 440.10 (1) (h) to vacate the judgment convicting him of three counts of burglary in the first degree (Penal Law § 140.30 [2], ...

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