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PEOPLE v. MARTINEZ

2010-04060 on Motion.

92 A.D.3d 930 (2012)

938 N.Y.S.2d 898

2012 NY Slip Op 1596

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN MARTINEZ, Appellant.

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

Decided February 28, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted and, upon reargument, the decision and order of this Court dated May 10, 2011 (People v Martinez, 84 A.D.3d 909 [2011]), is recalled and vacated, and the following decision and order is substituted therefor:

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn...

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