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PEOPLE v. MORILLO

Nos. 2009-03959, 2010-10878.

94 A.D.3d 909 (2012)

942 N.Y.S.2d 158

2012 NY Slip Op 2711

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY MORILLO, Appellant.

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

Decided April 10, 2012.

Ordered that the order is reversed, on the law, the defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction is granted, the judgment is vacated, and the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50; and it is further,

Ordered that the appeal from the judgment is dismissed as academic...

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