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PEOPLE v. QOSHJA

No. 194

17 N.Y.3d 910 (2011)

958 N.E.2d 545

934 N.Y.S.2d 367

2011 NY Slip Op 8180

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERMAL QOSHJA, Appellant.

Court of Appeals of New York.

Decided November 15, 2011.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City ( Richard M. Greenberg and Lisa A. Packard of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Patricia Curran and Alan Gadlin of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the matter remitted to that court for further proceedings in accordance with this memorandum.

The Appellate Division's summary decision and order leaves it unclear whether the panel reached the merits of defendant Ermal Qoshja's claim or predicated its affirmance on the waiver of appeal. We remit to the Appellate Division to clarify this question and, if appropriate...

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