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PEOPLE v. PERRY

2010-02277.

89 A.D.3d 1114 (2011)

933 N.Y.S.2d 584

2011 NY Slip Op 8785

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT PERRY, Appellant.

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

Decided November 29, 2011.

Ordered that the order is affirmed.

Contrary to the defendant's contention, the Supreme Court correctly determined that, despite certain changes in the law relevant to motions pursuant to CPL 440.30 (1-a) (see CPL 440.30 [1-a] [b]; People v Pitts, 4 N.Y.3d 303, 311 [2005]) since the time of the defendant's prior unsuccessful motion pursuant thereto (see People v Perry, 295 A.D.2d 452

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